Care And Protection Of Children Act 2007 (NT)
NORTHERN TERRITORY OF AUSTRALIA
CARE AND PROTECTION OF CHILDREN ACT 2007
As in force at 21 April 2023
NORTHERN TERRITORY OF AUSTRALIA
____________________As in force at 21 April 2023
____________________CARE AND PROTECTION OF CHILDREN ACT 2007
An Act about the care and protection of children, and for related purposes
This Act may be cited as the
This Act commences on the date fixed by the Administrator by
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
The objects of this Act are:
(a) to promote the wellbeing of children, including:
(i) to protect children from harm and exploitation; and
(ii) to maximise the opportunities for children to realise their full potential; and
(b) to assist families to achieve the object in paragraph (a); and
(c) to ensure anyone having responsibilities for children has regard to the objects in paragraphs (a) and (b) in fulfilling those responsibilities.
To achieve those objects, this Act provides for the following:
(a) measures for safeguarding the wellbeing of children (see Chapter 2), in particular:
(i) mandatory reporting requirements for children at risk of harm or exploitation (see Part 2.1, Division 3); and
(ii) the powers of the Minister, the CEO and other officers to take actions for the wellbeing of children (see Parts 2.1 and 2.2); and
(iii) the powers of the Court to make orders for the wellbeing of children (see Parts 2.3 and 2.4);
(b) measures for the prevention of harm and exploitation of children (see Chapter 3), in particular:
(i) screening for child-related employment (see Part 3.1); and
(ii) restriction of child employment (see Part 3.2); and
(iii) prevention of child deaths (see Part 3.3);
(d) the establishment of a framework for sharing information about children, review teams and other administrative measures (see Chapter 5).
(1) The underlying principles of this Act are set out in sections 7 to 12A.
(2) Anyone exercising a power or performing a function under this Act must, as far as practicable, uphold those principles.
(3) However, those principles do not affect the operation of any law in force in the Territory.
(1) The Northern Territory Government has responsibility for promoting and safeguarding the wellbeing of children and supporting families in fulfilling their role in relation to children.
(2) In exercising powers or performing functions under this Act, Agencies have a responsibility to work cooperatively and in a timely manner.
(1) The family of a child has the primary responsibility for the care, upbringing and development of the child.
(2) In fulfilling that responsibility, the family should be able to bring up the child in any language or tradition and foster in the child any cultural, ethnic or religious values.
(3) A child may be removed from the child’s family only if there is an unacceptable risk of harm to the child.
(4) As far as practicable, and consistent with section 10, if a child is removed from the child’s family:
(a) contact between the child and the family should be encouraged and supported; and
(b) the child should eventually be returned to the family.
8A Responsibility of public authorities In exercising powers or performing functions under this Act, public authorities have a responsibility to:
(a) promote and safeguard the wellbeing of children and support their families; and
(b) work cooperatively and in a timely manner.
9 Treating child with respect (1) Each child is a valued member of society and is entitled to be treated in a way that respects the child’s dignity and privacy.
(2) Decisions involving a child should be made:
(a) promptly having regard to the child’s circumstances; and
(b) in a way that is consistent with the cultural, ethnic and religious values and traditions relevant to the child; and
(c) with the informed participation of the child, the child’s family and other people who are significant in the child’s life.
10 Best interests of child (1) When a decision involving a child is made, the best interests of the child are the paramount concern.
(2) Without limiting subsection (1), consideration should be given to the following matters in determining the best interests of a child:
(a) the need to protect the child from harm and exploitation;
(b) the capacity and willingness of the child’s parents or other family members to care for the child;
(c) the nature of the child’s relationship with the child’s family and other persons who are significant in the child’s life;
(ca) the need to strengthen, preserve and promote positive relationships between the child and the child’s parents, family members, kinship group and other persons who are significant in the child’s life;
(cb) in circumstances where the child has been removed from the care of the child’s family, all possibilities related to reunifying the child with the child’s parents;
(d) the wishes and views of the child, having regard to the maturity and understanding of the child;
(e) the child’s need for permanency in the child’s living arrangements;
(f) the child’s need for stable and nurturing relationships;
(g) the child’s physical, emotional, intellectual, spiritual, developmental and educational needs;
(h) the child’s age, maturity, gender, sexuality and cultural, ethnic and religious backgrounds;
(ha) if the child is an Aboriginal child – the child’s right to enjoy the Aboriginal culture and tradition of the child’s family and community including the need to maintain ongoing contact with the child’s family and connection to country and language;
(i) other special characteristics of the child;
(j) the likely effect on the child of any changes in the child’s circumstances.
10A Decisions involving an intervention in the life of a child When a decision involving an intervention in the life of a child is made, the intervention must be the least intrusive intervention in the child’s life that is consistent with the best interests of the child.
When a decision involving a child is made:
(a) the child:
(i) should be given adequate information and explanation in a way that the child can understand; and
(ii) should be given the opportunity to respond to the proposed decision; and
(iii) should be given the opportunity to express the child’s wishes and views freely; and
(iv) should be given assistance in expressing those wishes and views; and
(b) those wishes and views should be taken into account, having regard to the child’s maturity and understanding.
(1) Kinship groups, Aboriginal community-controlled organisations and communities of Aboriginal people have a major role, through self-determination, in promoting the wellbeing of Aboriginal children.
(2) When a significant decision involving an Aboriginal child is to be made:
(a) the child’s family members have a right to participate, and to be enabled to participate, in an administrative or judicial process for making the decision; and
(b) the child and the child’s family have a right to identify any of the following persons that the child or family would like to participate in the making of the decision:
(i) a person with cultural authority;
(ii) a member of a kinship group;
(iii) a member of an Aboriginal community-controlled organisation;
(iv) a member of a community of Aboriginal people; and
(c) a person identified in accordance with paragraph (b) has the right to participate in the making of the decision.
(2A) When a decision involving an Aboriginal child is made, the decision should be healing focussed and trauma informed.
(2B) An Aboriginal child has the right to be brought up within the child’s own family and community and on the child’s own country.
(2C) An Aboriginal child has a right to be supported to develop and maintain a connection with the child’s family, community, culture, traditions, language and country, particularly when the child is placed with a person who is not from the child’s community or kinship group.
(2D) If an Aboriginal child is to be placed with a person, the principles set out in subsections (3) and (4) apply.
(3) An Aboriginal child should, as far as practicable, be placed with a person in the following order of priority:
(a) a member of the child’s family;
(b) an Aboriginal person in the child’s community in accordance with local community practice;
(c) any other Aboriginal person;
(d) a person who:
(i) is not an Aboriginal person; but
(ii) in the CEO’s opinion, is sensitive to the child’s needs and capable of supporting the child to develop and maintain a connection with the child’s family, community, culture, traditions, language and country.
(4) In addition, an Aboriginal child should, as far as practicable, be placed in close proximity to the child’s family and community.
(5) In this section:
significant decision , involving a child, means a decision likely to have a significant impact on the child’s life.Examples for definition
significant decision 1 A decision about placing a child in care or about the placement arrangement for the child.
2 A decision about whether or not to apply for a child protection order for a child.
12A Children with disabilities (1) A child with a disability has a right to be treated in a way that respects the child’s developing capacity and preserves their identity.
(2) In addition, a child with a disability has:
(a) the same rights as other children to express the child’s wishes and views; and
(b) the right to be provided with disability and age appropriate assistance to realise the rights mentioned in paragraph (a); and
(c) the right to have due weight given to the child’s wishes and views in accordance with the child’s age, maturity and understanding on an equal basis with other children.
Part 1.4 Interpretation
In this Act:
(a) a descendant of the Aboriginal people of Australia; or
(b) a descendant of the indigenous inhabitants of the Torres Strait Islands.
(a) customary law of the Aboriginal people of Australia; or
(b) customary law of the indigenous inhabitants of the Torres Strait Islands.
(a) tradition of the Aboriginal people of Australia; or
(b) tradition of the indigenous inhabitants of the Torres Strait Islands.
(a) for the making of a decision by the Authority – administrative guidelines made under section 191(1); or
(b) for the operation of Part 5.1A – administrative guidelines made under section 293H.
(a) a person at least 18 years of age; or
(b) a person apparently at least 18 years of age if the person’s age cannot be proved.
(a) a person less than 18 years of age; or
(b) a person apparently less than 18 years of age if the person’s age cannot be proved.
(a) are provided to one or more of the following:
(i) a child (whether or not in need of protection) or young person who has left the CEO’s care;
(ii) someone who is related to or is a family member of the child or person;
(iii) an organisation representing the interests of the child or person;
(iv) an organisation representing a community of which the child or person is a member; and
(b) are in the nature of social services that relate to one or more of the following:
(i) the prevention of harm to, or exploitation of, a child;
(ii) the protection of a child;
(iii) services for the care or support of a child and the child’s family (including domestic support services);
(iv) a placement arrangement;
(v) medical or other health-related services;
(vi) information and advisory services;
(vii) counselling services;
(viii) advocacy services;
(ix) mediation services.
(a) any form of physical contact; and
(b) any form of oral communication, whether face-to-face or by other means; and
(c) any form of written communication.
(a) Aboriginal customary law; and
(b) Aboriginal tradition.
(a) a hospital as defined in section 5 of the
Medical Services Act 1982 ; and(b) a private hospital as defined in section 4A of the
Private Hospitals Act 1981 .
(a) for a conference arranged by the CEO – see section 49;
(b) for a conference ordered by the Court – see section 127 or 139(1)(e).
(a) does not contain relevant information; or
(b) contains misinformation.
(a) for Part 2.4, see section 153; or
(b) otherwise – see section 17.
(a) for Part 2.4, see section 153; or
(b) otherwise – means a day that is not a Saturday, Sunday or public holiday as defined in the
Public Holidays Act 1981 .
Note for section 13
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
The wellbeing of a child includes the child’s physical, psychological and emotional wellbeing.
(1) Harm to a child is any significant detrimental effect caused by any act, omission or circumstance on:
(a) the physical, psychological or emotional wellbeing of the child; or
(b) the physical, psychological or emotional development of the child.
(2) Without limiting subsection (1), harm can be caused by the following:
(a) physical, psychological or emotional abuse or neglect of the child;
(b) sexual abuse or other exploitation of the child;
(c) exposure of the child to physical violence;
(d) exposure of the child to domestic or family violence.
16 Exploitation (1) Exploitation of a child includes sexual and any other forms of exploitation of the child.
(2) Without limiting subsection (1), sexual exploitation of a child includes:
(a) sexual abuse of the child; and
(b) involving the child as a participant or spectator in any of the following:
(i) an act of a sexual nature;
(ii) prostitution;
(iii) a pornographic performance.
17 Parent
(1) A parent of a child is the child’s father, mother or any other person who has parental responsibility for the child.
(2) A parent of an Aboriginal child includes a person who is regarded as a parent of the child under Aboriginal customary law or Aboriginal tradition.
(3) However, any of the following must not be regarded as a parent of a child:
(a) the CEO;
(b) a person who has responsibility for the care of the child only on a temporary basis;
(c) a person, such as a teacher or childcare worker, who has responsibility in relation to the child because of a professional relationship.
(4) To avoid doubt, a reference in this Act to the parents of a child includes a reference to the parent of a child who has only one parent.
(1) A relative of a child is any of the following:
(a) a parent, grandparent or any other ancestor of the child;
(b) a step-parent of the child;
(c) a sibling of the child;
(d) an uncle or aunt of the child;
(e) a cousin of the child;
(f) a person who is related to the child in accordance with:
(i) any customary law or tradition applicable to the child; or
(ii) any contemporary custom or practice.
(2) To avoid doubt, a relationship covered by subsection (1) may include a relationship that arises through common ancestry, adoption, marriage, de facto relationship or any customary law or tradition.
The family of a child includes:
(a) the relatives of the child; and
(b) the members of the extended family of the child in accordance with:
(i) any customary law or tradition applicable to the child; or
(ii) any contemporary custom or practice; and
(c) anyone who is closely associated with the child or another family member of the child.
A child is in need of care and protection (
(a) the child has suffered or is likely to suffer harm or exploitation because of an act or omission of a parent of the child; or
(b) the child is abandoned and no family member of the child is willing and able to care for the child; or
(c) the parents of the child are dead or unable or unwilling to care for the child and no other family member of the child is able and willing to do so; or
(d) the child is not under the control of any person and is engaged in conduct that causes or is likely to cause harm to the child or other persons.
A person has daily care and control of a child if the person is entitled to exercise all the powers and rights, and has all the responsibilities, for the day-to-day care and control of the child.
(1) A person has parental responsibility for a child if the person is entitled to exercise all the powers and rights, and has all the responsibilities, for the child that would ordinarily be vested in the parents of the child.
(2) Without limiting subsection (1), a person who has parental responsibility for a child:
(a) has daily care and control of the child; and
(b) is entitled to exercise all the powers and rights, and has all the responsibilities, in relation to the long-term care and development of the child.
(3) To avoid doubt, a reference in this Act to a person who has parental responsibility for a child includes a person who has been given parental responsibility for the child under a law of another jurisdiction.
Part IIAA of the Criminal Code applies to an offence against this Act.
Note for section 23
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
The objects of this Part are:
(a) to oblige members of the public to report cases of children at risk of harm or exploitation; and
(b) to ensure the Minister, the CEO and authorised officers have the power to take appropriate actions to:
(i) protect children who are in need of protection; and
(ii) promote the wellbeing of children generally; and
(iii) promote the wellbeing of young persons who have left the CEO’s care.
Note
A child who is the subject of the exercise of a power under this Chapter may make a complaint to the Children’s Commissioner about certain matters under the Children’s Commissioner Act 2013.
(1) The Minister may do anything for the adoption of a cooperative approach between the following in relation to the care and protection of children:
(a) families;
(b) Agencies and any other public authorities;
(c) any other individuals or organisations (including, for example, community groups, business entities and any other bodies).
(2) The Minister may make policy guidelines for the exercise of a power or performance of a function by the CEO under this Act.
(3) The Minister must, by
Gazette notice, give notice about the making of the guidelines as soon as practicable after they are made.(4) The CEO must have regard to the guidelines in the exercise of the power or performance of the function.
(5) The Minister may give direction to the CEO in relation to the exercise of a power or performance of a function by the CEO under this Act.
(6) The CEO must comply with the direction.
(7) An exercise of the Minister’s power under this section must be consistent with this Act.
(1) A person is guilty of an offence if the person:
(a) believes, on reasonable grounds, any of the following:
(i) a child has suffered or is likely to suffer harm or exploitation;
(ii) a child aged less than 14 years has been or is likely to be a victim of a sexual offence;
(iii) a child has been or is likely to be a victim of an offence against section 128 of the Criminal Code; and
(b) does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a police officer:
(i) that belief; and
(ii) any knowledge of the person forming the grounds for that belief; and
(iii) any factual circumstances on which that knowledge is based.
Maximum penalty: 200 penalty units.
Note for subsection (1)(a)(iii)
The victim of an offence against section 128 of the Criminal Code is a child who is of or over the age of 16 years and under the offender’s special care as mentioned in that section (for example, because the offender is a step-parent or teacher of the victim).
(2) A person is guilty of an offence if the person:
(a) is a health practitioner or someone who performs work of a kind that is prescribed by regulation; and
(b) believes, on reasonable grounds:
(i) that a child aged at least 14 years (but less than 16 years) has been or is likely to be a victim of a sexual offence; and
(ii) that the difference in age between the child and alleged sexual offender is more than 2 years; and
(c) does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a police officer:
(i) that belief; and
(ii) any knowledge of the person forming the grounds for that belief; and
(iii) any factual circumstances on which that knowledge is based.
Maximum penalty: 200 penalty units.
Example for subsection (2)(b)(ii)
A health practitioner believes, on reasonable grounds, that a child who has just turned 14 is likely to be a victim of a sexual offence committed by someone aged 16 and a half.
(3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse.
(4) This section has effect despite any other provision in this Act or another law of the Territory.
(1) A person acting in good faith in making a report under section 26 is not civilly or criminally liable, or in breach of any professional code of conduct:
(a) for making the report; or
(b) for disclosing any information in the report.
(2) In any proceedings before a court, except with the court’s leave:
(a) the report or evidence of its contents is not admissible; and
(b) a person cannot be compelled to give evidence, or to produce a record, about the report or the identity of the maker of the report.
(3) The leave may be granted only if:
(a) the report, evidence or record is of critical importance to the proceedings; and
(b) failure to grant the leave would prejudice the proper administration of justice.
28 What happens when police officer receives report (1) A police officer must, as soon as practicable after receiving a report under section 26, notify the CEO about the receipt of the report.
(2) The notification must include details in the report.
(1) The CEO must record the receipt of a report under section 26 or a notification about a report under section 28(1) in relation to a child.
(2) The CEO may inform the following persons about actions that the CEO has taken or proposes to take for the child:
(a) the person who made the report;
(b) the police officer who gave the notification.
30 Duties of other persons (1) Each of the following persons must ensure everyone providing services for a child under the person’s control or direction is aware of the obligations under section 26(1):
(a) an operator of child-related services;
(b) an approved provider of an education and care service operated under the
Education and Care Services National Law (NT) ;(c) the person in charge of a hospital or any other facility for health services;
(d) the person in charge of a school or any other educational institution.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Each person who engages another person in child-related employment must ensure the other person is aware of the obligations under section 26(1).
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2A) Each person who engages another person to perform work as a health practitioner or work of a kind prescribed under section 26(2)(a) must ensure the other person is aware of the obligations under section 26(1) and (2).
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(3) It is a defence to a prosecution for an offence against subsection (1), (2) or (2A) if the defendant has a reasonable excuse.
The object of this Division is to ensure the CEO and police officers have the power to take steps to determine whether the wellbeing of a child is at risk.
(1) The CEO may make inquiries about a child if the CEO receives information that raises concerns about the child’s wellbeing.
Note
The CEO may therefore exercise this power whether or not as a result of a report under section 26 or a notification under section 28(1).
(2) On completing the inquiries, the CEO must decide whether any further action should be taken for the child under this Part or Part 2.3.
(1) A police officer may make inquiries about a child if the officer receives information that raises concerns about the child’s wellbeing.
(2) Within 24 hours after completing the inquiries, the officer must give a report of the inquiries to the CEO.
(1) This section applies if inquiries about a child are being made under section 32 or 33 by the CEO or a police officer (the
inquiring officer ).(2) The inquiring officer may, for the inquiries, request any of the following persons to give the officer specified information about the child or another person (for example, a family member of the child) that directly or indirectly relates to the inquiry:
(aa) a person whom the officer reasonably believes has the specified information;
(a) a parent or another family member of the child;
(b) a police officer;
(c) a person employed or engaged by an Agency;
(d) an operator of child-related services;
(e) an approved provider of an education and care service operated under the
Education and Care Services National Law (NT) ;(f) a health practitioner;
(g) the person in charge of a hospital or any other facility for health services;
(h) the person in charge of a school or any other educational institution;
(i) a service provider for a vulnerable child;
(j) any other person prescribed by regulation.
(2A) A request under subsection (2) must be in writing and must specify:
(a) the date and time by which the specified information must be given; and
(b) that the information is needed because the inquiring officer has concerns about the child’s wellbeing.
(3) The person must comply with the request.
Maximum penalty: 200 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (3) if:
(a) the defendant has a reasonable excuse; or
(b) the Commissioner of Police certifies in writing that compliance with the request would:
(i) prejudice the investigation of any unlawful conduct; or
(ii) disclose a confidential source of information in relation to the administration of law; or
(iii) prejudice the effectiveness of a method or procedure in relation to the administration of law; or
(iv) facilitate a person’s escape from lawful custody; or
(v) endanger the safety of a person.
35 CEO's power to investigate
(1) The CEO may initiate an investigation to determine whether a child is in need of protection.
(2) The CEO may do so only if the CEO believes on reasonable grounds the child might be in need of protection (whether or not inquiries about the child have been made under section 32 or 33).
(3) The investigation must be conducted by an authorised officer.
(4) On completing the investigation, the CEO must decide whether any further action should be taken for the child under this Part or Part 2.3.
(1) A police officer may initiate an investigation to determine whether a child is in need of protection.
(2) The police officer may do so only if the officer believes on reasonable grounds the child might be in need of protection (whether or not inquiries about the child have been made under section 32 or 33).
(3) The investigation must be conducted by that or another police officer.
(4) Within 24 hours after completing the investigation, the officer who conducted the investigation must give a report of the investigation to the CEO.
(1) For an investigation about a child under section 35 or 36, the officer conducting the investigation may request a person mentioned in section 34(2)(b) to (j) (
child-related authority ) to allow the officer:(a) to have contact with the child; and
(b) to do so without informing the parents of the child.
(2) The officer may do so only if the officer reasonably believes:
(a) not to inform the parents is in the best interests of the child; or
(b) to inform the parents might compromise the investigation.
(3) The person must comply with the request.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(4) It is a defence to a prosecution for an offence against subsection (3) if:
(a) the defendant has a reasonable excuse; or
(b) the child indicated that he or she did not wish to have the contact.
(5) The officer must inform at least one of the parents of the contact and the reasons for it as soon as practicable after it has occurred.
(6) However, subsection (5) does not apply if:
(a) the officer reasonably believes:
(i) a person may be charged with an offence in relation to the child; and
(ii) complying with the subsection might compromise the investigation of the offence; or
(b) the officer reasonably believes complying with the subsection may expose the child to harm or exploitation; or
(c) the child has requested that the parents not be informed about the contact and the officer reasonably believes it is in the child’s best interests to comply with the request.
38 Access to information (1) For an investigation about a child under section 35 or 36, the officer conducting the investigation may request a child-related authority to allow the officer:
(a) to have access to specified information about the child; and
(b) to do so without informing the parents of the child.
(1A) A request under subsection (1) must be in writing and must specify:
(a) the date and time by which access to the specified information must be given; and
(b) that the information is needed to determine whether the child is in need of protection.
(2) The officer may do so only if the officer reasonably believes:
(a) not to inform the parents is in the best interests of the child; or
(b) to inform the parents might compromise the investigation.
(3) The person must comply with the request.
Maximum penalty: 200 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
A person acting in good faith in complying with a request under section 34(2), 37(1) or 38(1) is not civilly or criminally liable, or in breach of any professional code of conduct, for complying with the request.
This Division does not prevent the CEO from taking another action for a child under this Part, Part 2.2 or Part 2.3 while an action is being taken for the child under this Division.
The object of this Division is to ensure the CEO has sufficient power:
(a) to perform the CEO’s functions under this Act; and
(b) to take actions for the wellbeing of children generally (including actions with the voluntary participation of parents and for children who are not necessarily in need of protection).
(1) The CEO may take any action that is consistent with this Act:
(a) to promote the wellbeing of children generally; or
(ab) to provide or facilitate the provision of services or support to children, families and communities aimed at promoting or safeguarding the wellbeing of children; or
(b) to promote the wellbeing of young persons who have left the CEO’s care; or
(c) to provide proper facilities for this Act (including the acquisition and management of land and other property for this Act); or
(ca) to provide information to children, families and the community generally about the development and safety of children; or
(cb) to provide or facilitate the provision of assistance to Aboriginal communities to establish programs for preventing or reducing incidents of harm to children in Aboriginal communities; or
(d) to undertake research, publication and collection of information for the objects of this Act; or
(e) to cooperate with other Agencies, non-government organisations or other persons or bodies for an action mentioned in paragraphs (a) to (d); or
(f) to facilitate that cooperation (including the creation of procedures for that cooperation and the review of those procedures).
(2) The CEO must have regard to the objects and underlying principles of this Act when acting under subsection (1).
(3) The CEO must take reasonable steps to ensure that services provided under this Act include, where appropriate:
(a) preventative and support services to strengthen and support families to reduce the incidents of harm to children; and
(b) if a risk of harm to a child has been identified – services to protect the child.
(4) The CEO must take reasonable steps to ensure that services provided to families under this Act, where appropriate:
(a) involve meaningful engagement with families in a language and manner they understand (for example, by providing the use of an interpreter); and
(b) are culturally responsive; and
(c) involve a holistic assessment of children and families to ascertain risk factors in order to enable tailored supports and services to be provided; and
(d) promote decision-making processes that:
(i) seek to empower and strengthen families to make decisions for their families; and
(ii) actively involve:
(A) children; and
(B) parents, family members and members of the relevant kinship group; and
(iii) are developed with regard to the age, maturity, health, cognitive ability and cultural background of the children involved.
43 CEO may request assistance
(1) The CEO may request a public authority to provide the CEO with specified assistance for the exercise of a power or the performance of a function under this Act.
(1A) Without limiting subsection (1), the CEO may request a public authority to provide prioritised access to child-related services to a child, a young person who has left the CEO’s care or a member of the child’s or young person’s family, if the child or young person is at risk of significant harm.
(2) The public authority must comply with the request if doing so:
(a) is consistent with its functions; and
(b) does not unduly prejudice the performance of its functions.
44 Child-related services (1) The CEO may enter into an arrangement for:
(a) the provision of child-related services; and
(b) research and development to be carried out for child-related services; and
(c) the funding (in whole or part) of the services or the research and development.
(2) However, the CEO must not do so unless the CEO is satisfied the arrangement:
(a) is consistent with the underlying principles of this Act; and
(b) furthers the objects of this Act.
(3) This section does not limit section 42.
(1) The CEO may provide assistance to persons or bodies in coordinating their effort to provide services (including child-related services) for a child or young person who has left the CEO’s care, including assistance in:
(a) convening a meeting of the persons or bodies; and
(b) drawing up a plan for the provision of the services.
(2) This section does not limit section 42.
(1) The CEO may arrange for the temporary placement of a child who is residing with the parents of the child.
(2) The arrangement is for the child:
(a) to be taken into the CEO’s care for a period not exceeding 2 months specified by the CEO; and
(b) to be placed under a placement arrangement subject to the conditions specified by the CEO.
(3) The CEO may enter into the arrangement only if:
(a) having regard to the wishes of the child, the CEO reasonably believes the arrangement will safeguard the wellbeing of the child; and
(b) the parents agree to enter into the arrangement; and
(c) if the child is at least 15 years of age – the child has consented to the arrangement.
(4) The CEO has daily care and control of the child while the arrangement is in force.
(5) The arrangement may be extended for further periods.
(6) However:
(a) each extended period must not exceed 2 months; and
(b) in any case – the arrangement must cease to be in force 6 months after it was made.
(7) The CEO may require the parents to make contributions towards the maintenance of the child while the arrangement is in force.
(8) One or both of the parents may, at any time:
(a) terminate the arrangement; and
(b) request the CEO to return the child to them.
(9) Subject to the operation of any other provisions in this Act and any other law of the Territory, the CEO must comply with the request within 48 hours after receiving the request.
(10) This section does not limit section 42.
Note
Unlike a placement arrangement resulting from other circumstances, the arrangement under this section is basically voluntary in nature.
This Division does not prevent the CEO from:
(a) applying any provisions in this Division more than once for a person; or
(b) applying more than one provision in this Division for a person (whether at the same time or at different times).
The object of this Division is to ensure that, as far as possible, the wellbeing of a child is safeguarded through agreements between the parents of the child and other interested parties.
(1) The CEO may arrange for a mediation conference to be convened for a child if:
(a) concerns have been raised about the wellbeing of the child; and
(b) the CEO reasonably believes the conference may address those concerns; and
(c) the parents of the child are willing to participate in the conference.
(2) The CEO may do so whether or not the CEO has already taken any other action for the child under this Part, Part 2.2 or Part 2.3.
(3) The conference may be convened for any purposes relating to those concerns as specified by the CEO.
(4) Without limiting subsection (3), the conference may be convened for one or more of the following purposes:
(a) establishing the circumstances giving rise to those concerns;
(b) reviewing an arrangement that has been made for the care of the child;
(c) making recommendations about the care of the child;
(d) arriving at an agreement on the best means of safeguarding the wellbeing of the child.
(5) The CEO must appoint a person (the
convenor ) who is approved by the parents of the child and has the qualifications or experience prescribed by regulation to convene the conference.(6) The convenor may invite the parents and other persons to attend the conference as the convenor considers appropriate.
(7) The regulations may make any provision for the conference, including the following:
(a) any procedural and reporting requirements for the conference;
(b) the appointment of a person to represent the interests of the child in the conference;
(c) the making of any agreement arising from the conference;
(d) the powers and functions of the convenor.
Division 7 Provisional protection of child
The object of this Division is to ensure the CEO has the power to take urgent action for children who might be in need of protection.
(1) The CEO may take a child into provisional protection if:
(a) the CEO reasonably believes:
(i) the child is in need of protection; and
(ii) the provisional protection is urgently needed to safeguard the wellbeing of the child; and
(b) no protection order or temporary protection order is in force for the child.
Examples of urgency for subsection (1)(a)(ii)
1 The child is likely to suffer from harm or exploitation if the child is left at the place where the child is found.
2 A parent of the child is likely to remove the child from the child’s usual place of residence to prevent access to the child by authorised officers after becoming aware of a proposed application for a protection order for the child.
(2) As soon as practicable after taking a child into provisional protection, the CEO must inform the following persons that the CEO has done so:
(a) if a permanent care order for the child is in force – the person to whom parental responsibility for the child has been given;
(b) otherwise – each parent of the child.
52 Effect of provisional protection (1) For the purposes of taking the child into provisional protection, an authorised officer may do one or more of the following:
(a) if the officer reasonably believes the child may be found at a place, do one or more of the following:
(i) enter the place;
(ii) search the place in order to find the child;
(iii) stay at the place for as long as the officer considers reasonably necessary to find and apprehend the child;
(d) remove the child from the place where the child is found;
(e) arrange for a medical examination of the child;
(f) arrange for the provision of other medical services for the child;
(g) make other arrangements for the care and protection of the child;
(h) if the officer is a staff member of a hospital in which the child is found – keep the child in the hospital for any of the purposes mentioned in paragraphs (e) to (g).
(2) However, the child may refuse to submit to any of the examination mentioned in subsection (1)(e) if the child is of sufficient maturity and understanding to make the decision.
(3) The officer may use any reasonable force or assistance in acting under subsection (1).
(4) The officer must give a report to the CEO about any action taken by the officer under subsection (1) as soon as practicable after taking the action.
(5) The CEO has daily care and control of the child while the child is in provisional protection.
(1) The child must be in the CEO’s care for a period determined by the CEO that does not exceed 72 hours from the time the CEO takes the child into provisional protection.
(2) Subject to any other provision of this Act and any other law of the Territory, the CEO must return the child by the end of the period to:
(a) if a permanent care order for the child is in force – the person to whom parental responsibility for the child has been given; or
(b) otherwise – a parent of the child.
54 CEO may take other action This Division does not prevent the CEO from taking any other action under this Part or Part 2.3 for the child while the child is in provisional protection.
Note
Part 2.2 applies to the child while the child is in provisional protection, see section 67.
The object of this Subdivision is to empower an authorised officer to take action, on a temporary basis and only in limited circumstances, to remove a child from a place where the wellbeing of the child is at risk.
This Subdivision applies to a child if:
(a) the child is found at a place other than the child’s usual place of residence; and
(b) the child is not under the direct supervision of:
(i) a parent of the child; or
(ii) a family member of the child; or
(iii) an adult capable of adequately supervising the child; and
(c) an authorised officer:
(i) does not believe the child is in need of protection; but
(ii) having regard to the circumstances in which the child is found – reasonably believes there is a risk to the wellbeing of the child if the child is not removed from the place.
57 Authorised officer may move child
(1) The officer may apprehend the child.
(1A) For the purpose of doing so, the officer may enter the place where the child is found.
(1B) If the officer apprehends the child, the officer must:
(a) return the child to the child’s usual place of residence; or
(b) if it is not practicable or appropriate to do so:
(i) move the child to a safe place; and
(ii) keep the child at the safe place; and
(iii) make any arrangement for the care and protection of the child at the safe place.
(2) The officer may use any reasonable force or assistance in acting under subsections (1) to (1B).
(3) The child may be cared for at the safe place until the resumption of the care of the child by a person (a
responsible person ) who has daily care and control of the child.(4) The officer must, as soon as practicable after moving the child:
(a) take all necessary steps to inform a responsible person about moving the child; and
(b) if the officer is a police officer – inform the CEO about moving the child.
(5) The exercise of the officer’s powers under subsections (1) to (1B) does not:
(a) affect any power, right or responsibility of a responsible person in relation to the child; or
(b) prevent the officer or any other person from holding, at a later time, the belief that the child is in need of protection.
(6) In this section:
safe place :(a) includes:
(i) a place where the child may be temporarily kept for the child’s safety (including a Part of a police station not normally used to detain a person); and
(ii) a place specified by regulation; but
(b) does not include a custodial correctional facility (as defined in section 11(1)(a) of the
Correctional Services Act 2014 ), lockup or any other place that a person may be remanded in custody.
Subdivision 2 Powers of restraint, search and seizure
This Subdivision applies to a child if:
(a) an authorised officer or police officer is exercising the officer’s powers under section 35, 36 or 57 in relation to the child; or
(b) the child is in the CEO’s care.
(1) An authorised officer may restrain the child if the officer reasonably believes it is necessary to do so to prevent the child from:
(a) being harmed; or
(b) harming others.
(2) The officer may do so by using any reasonable force or assistance.
(1) An authorised officer may search the child (including anything found on or with the child) if the officer reasonably believes it is necessary to do so to prevent the child from:
(a) being harmed; or
(b) harming others.
(2) Without limiting subsection (1), the officer may search for any of the following:
(a) a firearm as defined in section 3(1) of the
Firearms Act 1997 ;(b) a controlled weapon, offensive weapon or prohibited weapon as defined in section 3 of the
Weapons Control Act 2001 ;(c) a dangerous drug as defined in section 3(1) of the
Misuse of Drugs Act 1990 ;(d) alcohol;
(e) any other drug or substance capable of intoxicating a person.
(3) If the officer reasonably believes it is necessary to do so in the circumstances, the officer may designate another person:
(a) to conduct the search; or
(b) to assist the officer in conducting the search.
(4) The designated person must conduct the search or provide the assistance in accordance with any reasonable directions of the officer.
(5) The officer or designated person conducting the search must be someone who is of the same gender as the child.
(7) The officer or designated person may use any reasonable force or assistance in acting under this section.
(8) However, this section does not authorise a search that involves the removal of the child’s clothing or an examination of the child’s body cavities.
(1) An authorised officer may seize anything found on or with the child if the officer reasonably believes it is necessary to do so to prevent the child from:
(a) being harmed; or
(b) harming others.
(2) The officer may do so by using any reasonable force or assistance.
(3) An authorised officer (other than a police officer) who seizes a thing mentioned in section 60(2)(a), (b) or (c) must, as soon as practicable after seizing the thing, deliver it to a police officer.
(4) An authorised officer may, in accordance with the regulations, destroy or otherwise dispose of anything seized under this section to prevent the child from:
(a) being harmed; or
(b) harming others.
62 Recording and reporting An authorised officer must, as soon as practicable after exercising a power under this Subdivision :
(a) record the exercise of the power; and
(b) if the officer is a police officer – give the CEO a report about the exercise of the power.
Subdivision 3 Warrants
(1) A Local Court Judge may, on the application of an authorised officer, grant a warrant under this section if the Local Court Judge is satisfied it is reasonably necessary:
(a) for exercising a power under section 35 or 36 in relation to a child; or
(b) for monitoring the wellbeing of a child for whom a placement arrangement is in force.
(2) The warrant authorises an authorised officer to do either or both of the following:
(a) if the officer reasonably believes the child may be found at a place, do one or more of the following:
(i) enter the place;
(ii) search the place in order to find the child;
(iii) stay at the place for as long as the officer considers reasonably necessary to find the child;
(b) if the child is found at a place – stay at the place and have contact with the child for as long as the officer considers reasonably necessary for specified purposes (whether or not in the presence of someone else).
64 Execution of warrant (1) In executing the warrant, an authorised officer:
(a) may use any reasonable force or assistance; and
(b) must produce the warrant (or a copy of it) if asked to do so by a person at the place where the warrant is executed.
(2) Without limiting subsection (1)(a), the officer may be assisted by another authorised officer in executing the warrant.
(3) The other authorised officer may use any reasonable force in providing the assistance.
(1) A person having the control of the place must comply with the warrant.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
The object of this Part is to safeguard the wellbeing of:
(a) each child who is in the CEO’s care; and
(b) each young person who has left the CEO’s care.
(1) A child is in the CEO’s care if:
(a) the child is under a temporary placement arrangement or in provisional protection; or
(b) the CEO otherwise has daily care and control of the child under an order of the Court (for example, a protection order) or a law of the Territory.
(2) The child leaves the CEO’s care when the child ceases to be in the CEO’s care.
A young person who has left the CEO’s care is someone who:
(a) has left the CEO’s care; and
(b) is between 15 and 25 years of age; and
(c) was last in the CEO’s care for a continuous period of at least 6 months; and
(d) in the CEO’s opinion, is unlikely to be in the CEO’s care again in the future.
(1) The CEO must prepare a Charter of Rights for children who are in the CEO’s care.
(2) The CEO must promote compliance with the Charter of Rights.
(3) The CEO must review the Charter of Rights from time to time and may amend it as the CEO considers appropriate.
(4) The CEO must ensure that the Charter of Rights, as amended from time to time, is made available to the public in the manner the CEO considers appropriate.
(5) The CEO must ensure that the Charter of Rights includes:
(a) an explanation of the Charter of Rights and its effect; and
(b) information about the Commissioner and other entities known to the CEO that may be able to help children who consider the Charter of Rights is not being complied with.
(6) The CEO must give a copy of the Charter of Rights to each child who is in the CEO’s care:
(a) as soon as practicable after the child comes into the CEO’s care; and
(b) as soon as practicable after any amendment is made to the Charter of Rights.
(7) However, the CEO need not give a copy of the Charter of Rights and explanatory statement to a child under subsection (6) if the CEO considers that it is not appropriate to do so having regard to the child’s maturity and understanding.
This Division applies to a child who is in the CEO’s care if:
(a) a protection order for the child is in force; or
(b) the CEO has daily care and control of the child under a court order prescribed by regulation.
(1) As soon as practicable after the child is taken into the CEO’s care, the CEO must prepare and implement a care plan for the child.
(2) The care plan is a plan that:
(aa) is written in clear and plain language; and
(a) identifies the needs of the child, including the cultural needs of the child; and
(b) outlines actions that must be taken to address those needs; and
(c) sets out decisions about daily care and control of the child, including, for example:
(i) decisions about the placement arrangement for the child; and
(ii) decisions about contact between the child and other persons; and
(d) sets out what is required to reunify the child with the child’s parents, unless the CEO determines that reunification is not in the best interests of the child.
(3) If the child is 15 years of age or over, the care plan must:
(a) identify the needs of the child in:
(i) preparing to leave the CEO’s care; and
(ii) the child’s transition to other living arrangements after leaving the CEO’s care; and
(iii) living independently; and
(b) outline actions that must be taken to address those needs.
(4) The actions mentioned in subsection (3)(b) may include the provision of assistance under section 85A or 85B.
(5) In addition, the care plan for an Aboriginal child must include reasonable actions to:
(a) maintain and develop the child’s Aboriginal identity; and
(b) encourage the child’s connection to the Aboriginal culture, tradition, language and country of the child.
71 Modification of care plan (1) The CEO may modify the care plan at any time if the CEO considers it appropriate to do so.
(2) Without limiting subsection (1), the CEO must modify the plan to include the matters mentioned in section 70(3)(a) and (b) if:
(a) the plan does not already include those matters; and
(b) one of the following applies:
(i) the child is 15 years of age or over;
(ii) the child is about to leave the CEO’s care.
72 Child's wishes to be taken into account
In preparing or modifying the plan, the CEO must have regard to the wishes of the child as the CEO considers reasonable and appropriate in the circumstances.
In preparing or modifying a care plan for a child the CEO must:
(a) encourage and facilitate the participation of any of the following the CEO considers appropriate (the
participants ):(i) the child;
(ii) each parent of the child;
(iii) an appropriate member of the child’s family;
(iv) if the child is an Aboriginal child – a person from the kinship group of the child or an Aboriginal community-controlled organisation nominated by the child or the child’s family;
(v) if the child is not an Aboriginal child – a person nominated by the child or the child’s family who represents the cultural group to which the child belongs; and
(b) in facilitating participation, take all reasonable steps to arrange for the provision of services (such as an interpreter) as the CEO considers necessary; and
(c) ensure any information about the preparation or modification of the care plan is given to each participant in a timely way and in a language and manner the participant understands; and
(d) have regard to the wishes of the participants as the CEO considers reasonable and appropriate in the circumstances.
(1) As soon as practicable after the CEO has prepared or modified the plan, the CEO must ensure a copy of it is given to the following persons:
(a) the child;
(b) each parent of the child;
(c) the carer of the child;
(d) any other person considered by the CEO to have a direct and significant interest in the wellbeing of the child.
(2) However, the CEO is not required to do so for a person if the CEO considers it inappropriate in the circumstances, having regard to:
(a) the wishes of the child; and
(b) any risk of harm to the child; and
(c) any other matters the CEO considers relevant.
(3) The CEO must take reasonable steps to provide assistance to a person given a care plan under subsection (1) to understand the contents of the care plan.
(1) The CEO must conduct regular reviews of the plan as follows:
(a) the first review must be conducted within 2 months after the child is first taken into the CEO’s care;
(b) a review must be conducted again every 6 months afterwards.
(2) In addition, the CEO must conduct a review of the plan immediately after any of the following:
(a) the death of a parent of the child;
(b) the death of the carer of the child;
(c) a change of the placement arrangement for the child;
(ca) the making of a significant medical diagnosis for the child;
(d) an extension or variation of a court order mentioned in section 69(b) that relates to the child.
(3) This section does not prevent a review of the plan at other times.
(4) In conducting a review, the CEO must:
(a) encourage and facilitate the participation of any of the following the CEO considers appropriate (the
participants ):(i) the child;
(ii) each parent of the child;
(iii) the carer of the child;
(iv) an appropriate member of the child’s family;
(v) if the child is an Aboriginal child – a person from the kinship group of the child or an Aboriginal community-controlled organisation nominated by the child or the child’s family;
(vi) if the child is not an Aboriginal child – a person nominated by the child or the child’s family who represents the cultural group to which the child belongs; and
(b) in facilitating participation, take all reasonable steps to arrange for the provision of services (such as an interpreter) as the CEO considers necessary; and
(c) ensure any information about the preparation or modification of the care plan is given to each participant in a timely way and in a language and manner the participant understands; and
(d) have regard to the wishes of the participants as the CEO considers reasonable and appropriate in the circumstances.
(5) The CEO must:
(a) prepare a report of the review, and if the CEO considers it appropriate to do so – give a copy of the report to any of the participants; and
(b) keep a record of the review and a copy of the report.
(6) For this section, a review of a care plan includes a review of the operation and effectiveness of the plan.
This Division applies to a child if:
(a) the child is in the CEO’s care; but
(b) Division 2 does not apply to the child.
(1) As soon as practicable after the child is taken into the CEO’s care, the CEO must prepare and implement an interim care plan for the child.
(2) The interim care plan is a plan that:
(aa) is written in clear and plain language; and
(a) identifies the immediate needs of the child, including the immediate cultural needs of the child; and
(b) outlines actions that must be taken to address those needs; and
(c) sets out decisions about daily care and control of the child, including, for example:
(i) decisions about the placement arrangement for the child; and
(ii) decisions about contact between the child and other persons.
(3) In addition, the interim care plan for an Aboriginal child may include reasonable measures to:
(a) maintain and develop the child’s Aboriginal identity; and
(b) encourage the child’s connection to the Aboriginal culture, tradition, language and country of the child.
Division 4 Placement arrangement
(1) The CEO must enter into a placement arrangement with other persons or bodies for a child who is in the CEO’s care.
Note
Section 12 sets out the principles that should be upheld in the placement of Aboriginal children.
(2) The CEO may cancel the arrangement and replace it by another placement arrangement at any time.
(1) A placement arrangement is:
(a) an arrangement for placing a child who is in the CEO’s care with any of the following persons (the
carer ):(i) a parent of the child;
(ii) a family member of the child;
(iii) an individual approved by the CEO; or
(b) any other arrangement for placing the child that the CEO considers appropriate in the circumstances.
(2) Without limiting subsection (1)(b), the arrangement can be one under which the child is not directly supervised by an adult.
(3) The regulations may:
(a) provide for the nomination and approval of an individual as a carer; and
(b) provide for the responsibilities of a carer; and
(c) specify the conditions for a placement arrangement, including, for example, the standards required of a facility for the arrangement.
79 Child to be informed Before placing a child under a placement arrangement, the CEO must give the child any information and explanation about the arrangement as the CEO considers appropriate in the circumstances.
(1) The CEO must give the carer of the child any information about the child as the CEO considers appropriate for:
(a) the care of the child; and
(b) the safety of the child and other persons.
(2) However, the CEO must have regard to the child’s wishes before giving the information.
(3) The carer must not disclose the information otherwise than:
(a) to a health practitioner for the care of the child; or
(b) in other circumstances approved by the CEO.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(1) The CEO must give the parents of the child any information about the arrangement as the CEO considers appropriate in the circumstances.
(2) The CEO must have regard to the following in giving the information:
(a) the wishes of the child;
(b) the safety of the child and other persons.
(3) This section has effect subject to section 135 (which is about the CEO’s obligation to give information to the parents under a protection order).
The CEO may make payments to the carer in accordance with the arrangement.
(1) The Court may, on the CEO’s application:
(a) order the Public Trustee to take control of the property of the child; and
(b) make any other orders to give effect to the order.
(2) The CEO must:
(a) give the child, the parents of the child and other persons specified by the Court:
(i) a copy of each of the orders; and
(ii) a written notice explaining the terms and effect of the orders; and
(b) give the child any additional explanation of the effect of the orders if the CEO considers it appropriate to do so having regard to the child’s maturity and understanding.
Division 4A Monitoring wellbeing of children in CEO's care
(1) An authorised officer may monitor the wellbeing of a child who is in the CEO’s care.
(2) For the purpose of doing so, the authorised officer may do either or both of the following:
(a) make inquires about the child under section 83B;
(b) carry out an inspection under section 84.
(3) The authorised officer may do so whether or not the officer has received information that raises concerns about the child’s wellbeing.
(1) For the purpose of monitoring the wellbeing of the child, the authorised officer may request any of the following persons to give the officer specified information about the child or another person (for example, a family member of the child) that directly or indirectly relates to the wellbeing of the child:
(a) a person whom the officer reasonably believes has the specified information;
(b) the carer of the child;
(c) a parent or another family member of the child;
(d) a police officer;
(e) a person employed or engaged by an Agency;
(f) an operator of child-related services;
(g) an approved provider of an education and care service operated under the
Education and Care Services National Law (NT) ;(h) a health practitioner;
(i) the person in charge of a hospital or any other facility for health services;
(j) the person in charge of a school or any other educational institution;
(k) a service provider for a vulnerable child;
(l) any other person prescribed by regulation.
(1A) A request under subsection (1) must be in writing and must specify:
(a) the date and time by which the specified information must be given; and
(b) that the information is needed for the purpose of monitoring the wellbeing of the child.
(2) The person must comply with the request.
Maximum penalty: 200 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2) if:
(a) the defendant has a reasonable excuse; or
(b) the Commissioner of Police certifies in writing that compliance with the request would:
(i) prejudice the investigation of any unlawful conduct; or
(ii) disclose a confidential source of information in relation to the administration of law; or
(iii) prejudice the effectiveness of a method or procedure in relation to the administration of law; or
(iv) facilitate a person’s escape from lawful custody; or
(v) endanger the safety of a person.
84 Inspection of place where child
(1) An authorised officer may, at any reasonable time, enter the place where the child ordinarily resides in order to monitor the wellbeing of the child.
(2) The authorised officer may make any reasonable request to a person having the control of the place for the purposes of:
(a) inspecting the place; or
(b) having contact with the child.
(3) The person must comply with the request.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(4) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
Note
A warrant may be granted for monitoring the wellbeing of the child, see section 63.
(1) This section applies if the CEO believes on reasonable grounds that a child who is in the CEO’s care:
(a) has suffered harm or exploitation while in the CEO’s care; or
(b) is suffering harm or exploitation; or
(c) is likely to suffer harm or exploitation while in the CEO’s care.
(2) The CEO may initiate an investigation into the suspected or potential harm or exploitation.
(1) For an investigation about a child under section 84A, the CEO may request a person mentioned in section 83B(1)(d) to (l) to give the CEO access to specified information about the child.
(1A) A request under subsection (1) must be in writing and must specify:
(a) the date and time by which access to the specified information must be given; and
(b) that the information is needed for the purpose of an investigation under section 84A.
(2) The CEO need not inform the child’s carer of the request.
(3) The person must comply with the request.
Maximum penalty: 200 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
On completing an investigation, the CEO must:
(a) consider whether any changes need to be made in relation to the care of the child; and
(b) if the investigation disclosed that the child has suffered harm or exploitation while in the CEO’s care – report that matter to the Commissioner as soon as practicable.
A person acting in good faith in complying with a request under the Division is not civilly or criminally liable, or in breach of any professional code of conduct, for complying with the request.
(1) If a child who is in the CEO’s care is absent from the place where the child ordinarily resides, an authorised officer may apprehend the child in order to return the child to the place.
(2) If the officer reasonably believes the child may be found at a place, the officer may do one or more of the following:
(a) at any time, enter the place;
(b) search the place in order to find the child;
(c) stay at the place for as long as the officer considers reasonably necessary to find and apprehend the child.
(3) If the officer apprehends the child, the officer must:
(a) return the child to the place where the child ordinarily resides; or
(b) if it is not practicable or appropriate to do so:
(i) move the child to a safe place (as defined in section 57(6)); and
(ii) keep the child at the safe place; and
(iii) make any arrangement for the care and protection of the child at the safe place.
(4) The officer may use any reasonable force or assistance in acting under this section.
(1) This section applies in relation to:
(a) a child who is in the CEO’s care and who is 15 years of age or over; and
(b) a young person who has left the CEO’s care.
(2) The CEO must ensure the child or young person is provided with any services, including child-related services, the CEO considers appropriate to help the child or young person transition from being a child in the CEO’s care to being independent.
(3) Without limiting subsection (2), the CEO may assist the child or young person to obtain any of the following:
(a) information about available resources, services and entitlements;
(b) accommodation;
(c) education or training;
(d) employment;
(e) financial security;
(f) legal services;
(g) health services;
(h) community services;
(i) personal, family and relationship counselling;
(j) access to information in the control or possession of the CEO about the child or young person while in the care of the CEO.
(4) If a child who is in the CEO’s care turns 18 years of age and becomes a young person who leaves the CEO’s care while attending a course of education or training, the CEO must provide the necessary assistance (including financial assistance) to maintain the young person’s living arrangements until the young person has completed the course.
(5) In addition, the CEO may give financial assistance to the child or young person for any of the following purposes:
(a) the child or young person’s education or training;
(b) obtaining and furnishing the child or young person’s accommodation;
(c) living in close proximity to the place where the child or young person is or will be:
(i) undertaking education or training; or
(ii) employed or seeking employment.
(6) The financial assistance must be given on terms and conditions the CEO considers appropriate in the circumstances.
(1) This section applies in relation to a young person who has left the CEO’s care if the young person was in the CEO’s care immediately before turning 18 years of age.
(2) The young person is entitled to receive assistance (including financial assistance) under this section from the CEO to maintain appropriate living and support arrangements until the young person turns 22 years of age.
(3) The CEO must provide the assistance mentioned in subsection (2) if:
(a) the CEO is satisfied on reasonable grounds that the assistance:
(i) is for an appropriate purpose; and
(ii) is reasonably necessary considering the young person’s circumstances; and
(iii) will enhance the young person’s ability to be self-sufficient and independent by the age of 22; and
(b) the young person consents to the assistance.
(4) Financial assistance given under this section must be given on the terms and conditions the CEO considers appropriate in the circumstances.
(5) The CEO must ensure a young person entitled to assistance under this section is notified of the entitlement, and how to request assistance:
(a) when the young person turns 18 years of age; and
(b) as the CEO considers appropriate, until the young person turns 22 years of age.
(6) This section does not limit the provision of assistance under section 85A.
(1) A person who has left the CEO’s care is entitled, free of any charges, to the possession of any of the person’s personal items held by:
(a) the Department; or
(b) anyone who was a carer of the person; or
(c) a party to a placement arrangement for the person.
(6) In this section:
personal items , of a person, includes the following:(a) the person’s birth certificate;
(b) school reports or other reports relating to the person’s education or training;
(c) photographs belonging to the person;
(d) anything else prescribed by regulation.
Part 2.3 Court's powers for children
(1) The object of this Part is to create an appropriate judicial process for safeguarding the wellbeing of children, particularly children who are or might be in need of protection.
(2) The object is to be achieved by:
(a) providing for a family matters division within the Court to hear and determine matters under this Act (see Division 2); and
(b) providing for:
(i) the Court’s power to make various orders for children (see Division 4); and
(ii) procedural matters (see Divisions 3 and 5 to 7).
88 Definitions
In this Part:
Court order means an order made by the Court under this Act.Court proceedings means proceedings in the Court under this Act.
(1) There is to be a division of the Court to deal with proceedings under this Act.
(2) For dealing with proceedings under this Act, the Court must be constituted by a Local Court Judge.
(1) In Court proceedings, the Court must regard the best interests of the child to whom the proceedings relate as paramount.
(2) Without limiting subsection (1), the Court must give priority to the child if the rights of the child conflict with the rights of an adult.
(1) Court proceedings are not affected by any criminal proceedings against:
(a) the child to whom the Court proceedings relate; or
(b) any other party to the Court proceedings.
(2) Subsection (1) has effect whether or not the criminal proceedings arose out of the same facts as the Court proceedings.
(1) The Court may hold several sittings at the same time.
(2) The Court must:
(a) ensure Court proceedings are separate from other proceedings of the Local Court or proceedings of another court; and
(b) conduct Court proceedings at a place approved by the Minister administering the
Local Court Act 2015 (therelevant Minister ).
(3) The relevant Minister must ensure the approved place:
(a) provides adequate and appropriate facilities for Court proceedings; and
(b) is separated from places in which other proceedings of the Local Court or proceedings of another court are being conducted.
Division 3 Court proceedings
(1) Court proceedings must be conducted with as little formality and legal technicality as the circumstances permit.
(2) Subject to any directions of the Court, the Court is not bound by the rules of evidence.
(1) The following are parties to the proceedings:
(a) the child to whom the proceedings relate;
(b) each parent of the child;
(c) the CEO;
(d) each person proposed to be given daily care and control of, or parental responsibility for, the child under a Court order;
(e) any other person considered by the Court to have a direct and significant interest in the wellbeing of the child.
(2) This section has effect subject to section 125 (which is about the parties to proceedings for a protection order).
If the Court is required to be satisfied of a matter in the proceedings, the matter must be established on the balance of probabilities.
(1) The proceedings must be conducted as expeditiously as possible to minimise their effect on the child.
(2) For subsection (1), the Court:
(a) may set a timetable for each matter to which the proceedings relate, having regard to the age and developmental needs of the child; and
(b) may give such directions the Court considers appropriate to ensure the timetable is kept.
97 Restrictions on publication A person is guilty of an offence if the person:
(a) publishes a report of:
(i) any of the proceedings; or
(ii) the results of any of the proceedings; and
(b) is not authorised to do so by the Court or a law in force in the Territory.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(1) The Court must, as far as practicable, ensure each party to the proceedings understands the nature and purposes of the proceedings.
(2) For subsection (1), the Court may direct that the services of a person (such as an interpreter) be provided to a party to the proceedings.
Except as otherwise directed by the Court, a person must not attend any of the proceedings if:
(a) the person is not a party to the proceedings; or
(b) the Court has ordered the person not to attend the proceedings.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
(1) Except as otherwise directed by the Court, the parents of the child must attend the proceedings.
(2) The Court may order the parents to attend the proceedings.
(3) This section has effect subject to sections 105 and 126 (which relate to the making of a temporary protection order or protection order in the absence of the parents).
(1) A party to the proceedings may be represented by a legal practitioner or any other person.
Note for subsection (1)
See also Division 6B.
(2) The Court may adjourn the proceedings until a party has a reasonable opportunity to obtain the representation.
(1) The Court may hear 2 or more applications together if:
(a) a party to any of the applications asks the Court to do so; and
(b) the Court considers it in the interests of justice to do so.
(2) The Court may do so even if the applications have different parties.
(1) The CEO may apply to the Court for a temporary protection order for a child if:
(a) the CEO reasonably believes:
(i) the child is in need of protection; and
(ii) the proposed order is urgently needed to safeguard the wellbeing of the child; and
(b) no protection order is in force for the child.
(2) The CEO may make the application:
(a) whether or not an assessment order is in force for the child; and
(aa) whether or not a permanent care order is in force for the child; and
(b) whether or not the child is in provisional protection.
104 How application is made (1) The application may be made to the Court in any way the Court considers reasonable in the circumstances (including, for example, telephone, fax or other electronic means).
(2) The CEO must specify in the application:
(a) why the CEO considers the proposed order is necessary; and
(b) the proposed arrangement for the care and protection of the child under the order.
(3) Any information in support of the application must be in the form of a statement made on oath.
(4) However, if the application is made by telephone, fax or other electronic means:
(a) the Court may allow the application to be made before the statement is made on oath; but
(b) the CEO must send the duly made statement to the Court not later than the day after the day of the application.
(5) For subsection (4), the Court may give any directions about the application as the Court considers appropriate in the circumstances.
(1) The CEO must take the steps the CEO considers reasonable in the circumstances to give each parent of the child notice of the application, as soon as practicable after applying for the order but before the application is heard by the Court:
(a) stating when and where the application is to be heard (if known); and
(b) stating that the application may be heard and decided in the absence of the parents.
(2) In addition, the CEO may give a copy of the application with the notice if it is practicable to do so.
(1) The Court must, immediately after the application is made:
(a) make the temporary protection order if the Court is satisfied there are reasonable grounds for believing:
(i) the child is in need of protection; and
(ii) the proposed order is urgently needed to safeguard the wellbeing of the child; or
(b) dismiss the application if the Court is not so satisfied.
(2) As soon as practicable after making the decision, the Court must give the CEO a copy of:
(a) the order if the Court decides to make the order; or
(b) otherwise – a statement of the reasons for not making the order.
(3) Without limiting subsection (2), the Court may give the copy by sending it to the CEO by fax or other electronic means.
(4) The Court must keep a record of:
(a) the application (whether or not a written application is given to the Court); and
(b) any information given to the Court for the application; and
(c) the decision on the application; and
(d) the reasons for the decision.
(5) To avoid doubt, the Court may decide the application in the absence of the parents of the child.
(1) As soon as practicable after the order is made, the CEO must:
(a) give a copy of the order to:
(i) if a permanent care order for the child is in force – the person to whom parental responsibility for the child has been given; or
(ii) otherwise – each parent of the child; and
(b) inform the child about the order; and
(c) explain the duration and effect of the order to the child in a language and manner the child understands.
(2) The CEO must give the copy to a parent of the child or the person to whom parental responsibility for the child has been given:
(a) by personally serving the copy on the parent or other person; or
(b) if the CEO considers it impracticable to do so – by:
(i) leaving it at the last known address of the parent or other person; or
(ii) sending it by post to that address.
(2A) If the copy is personally served on the parent or other person, the CEO must explain the duration and effect of the order to the parent or other person:
(a) in the preferred language of the person; or
(b) if it is not reasonably practicable to do so in the preferred language of the person – in a language and manner the person understands.
(2B) If the parent was not given a copy of the application under section 104A(2), the CEO must give the parent a copy of the application with the copy of the order under subsection (1).
(3) In addition, the CEO may give a copy of the order to the child if the CEO considers it appropriate to do so having regard to the child’s maturity and understanding.
The order:
(a) gives daily care and control of the child to the CEO while the order is in force; and
(b) except as provided by section 109(2) and (3) – is in force for 14 days from the time it is made.
(1) To give effect to the order, an authorised officer may do one or more of the following:
(a) if the officer reasonably believes the child may be found at a place, do one or more of the following:
(i) enter the place;
(ii) search the place in order to find the child;
(iii) stay at the place for as long as the officer considers reasonably necessary to find and apprehend the child;
(d) apprehend the child;
(e) remove the child from the place where the child is found;
(f) arrange for a medical examination of the child;
(g) arrange for the provision of other medical services for the child;
(h) make other arrangements for the care and protection of the child.
(2) However, the child may refuse to submit to any of the examination mentioned in subsection (1)(f) if the child is of sufficient maturity and understanding to make the decision.
(3) The officer may use any reasonable force or assistance in acting under subsection (1).
(4) The officer must give a report to the CEO about any action taken by the officer under subsection (1) as soon as practicable after taking the action.
(1) Subject to any other provision of this Act, when the order ceases to be in force the CEO must return the child to:
(a) if a permanent care order for the child is in force – the person to whom parental responsibility for the child has been given; or
(b) otherwise – a parent of the child.
(2) The CEO may return the child to a parent of the child or the other person mentioned in subsection (1)(a) before the order ceases to be in force:
(a) under an agreement arising from a mediation conference under section 49; or
(b) if the CEO considers it appropriate to do so in the circumstances.
(3) If the CEO returns the child under subsection (2):
(a) the CEO must notify the Court about returning the child; and
(b) the order ceases to be in force when the Court is so notified.
110 Other action for child while order in force (1) This Subdivision does not prevent any of the following from happening while the temporary protection order is in force:
(a) an inquiry or investigation under Part 2.1 in relation to the child;
(b) an application for an assessment order for the child;
(c) an assessment order being in force for the child;
(d) an application for another temporary protection order for the child;
(e) an application for a protection order for the child.
(2) However, the CEO must not apply for another temporary protection order for the child while an existing temporary protection order (the
existing order ) for the child is in force if:(a) the existing order was made when a previous temporary protection order (the
previous order ) was in force; and(b) the existing order took effect immediately after the previous order ceased to be in force; and
(c) the CEO did not return the child to a parent of the child or the other person mentioned in section 109(1)(a) before or when the existing order took effect.
(3) Subsection (2) does not prevent an application for a temporary protection order for the child after:
(a) a temporary protection order for the child has ceased to be in force; and
(b) the CEO has returned the child to a parent of the child or the other person mentioned in section 109(1)(a).
Subdivision 2 Assessment order
(1) The CEO may apply to the Court for an assessment order for a child to authorise the carrying out of an assessment if:
(a) a protection order is not in force for the child; and
(b) the CEO reasonably believes the proposed assessment is necessary for determining whether the child is in need of protection; and
(c) the proposed assessment cannot be carried out without the order.
(2) For subsection (1), an assessment includes:
(a) any assessment of the child for determining whether the child is in need of protection; and
(b) any assessment of a parent of the child for determining whether the parent is capable of exercising parental responsibility for the child.
(3) Without limiting subsection (2), an assessment may involve:
(a) a medical or psychological examination of the child or a parent of the child; and
(b) the taking and examination of samples from the child or a parent of the child.
(4) The CEO may make the application:
(a) whether or not the child is in the CEO’s care; and
(b) whether or not the CEO has applied for a temporary protection order or protection order for the child.
112 How application is made The CEO must specify in the application:
(a) why the CEO considers the proposed assessment is necessary; and
(b) details of the proposed assessment; and
(c) any of the following directions that the CEO seeks from the Court:
(i) a direction restricting a specified person’s contact with the child while the assessment order is in force;
(ii) a direction requiring a child-related authority to give the CEO specified information about the child.
113 When Court may hear application
The Court must not hear the application unless the Court is satisfied:
(a) the CEO is entitled to make the application under section 111; and
(b) either:
(i) the CEO has taken reasonable steps to obtain the consent of at least one of the parents of the child for the proposed assessment; or
(ii) it is not practicable for the CEO to do so.
114 Court to consider certain matters
In deciding the application, the Court must consider:
(a) whether the proposed assessment is necessary; and
(b) whether the assessment is likely to provide information needed to determine whether the child is in need of protection; and
(c) whether any distress caused by the assessment to the child will be outweighed by the value of the information to be obtained from the assessment; and
(d) any distress caused to the child by a previous assessment of the same or a similar nature; and
(e) any other matters the Court considers relevant.
115 Order of Court The Court may:
(a) make an assessment order authorising the carrying out of the proposed assessment or any other specified assessment for determining whether the child is in need of protection; or
(b) make an assessment order covered by paragraph (a) that includes one or more of the following directions (whether or not they were sought by the CEO):
(i) a direction restricting a specified person’s contact with the child while the order is in force;
(ii) a direction requiring a child-related authority to give the CEO specified information about the child; or
(c) dismiss the application.
116 Notice of order (1) As soon as practicable after the order is made, the CEO must give each party to the proceedings (except the child):
(a) a copy of the order; and
(b) a written notice:
(i) explaining the effect of the order; and
(ii) stating the party may appeal against the order under Division 6 within 28 days after it is made; and
(iii) stating how the appeal may be instituted.
(2) The CEO may give the copy and notice:
(a) by personally serving them on the party; or
(b) if the CEO considers it impracticable to do so:
(i) by leaving them at the party’s last known address; or
(ii) by sending them by post to that address.
(3) The CEO:
(a) must explain the effect of the order and notice to the child; and
(b) may give a copy of the order and notice to the child if the CEO considers it appropriate to do so having regard to the child’s maturity and understanding.
117 Effect of order (1) The order has effect for 28 days.
(2) On the CEO’s application, the Court may extend the order for a further period that does not exceed 28 days.
(3) However, the order cannot be extended again.
(4) The order authorises:
(a) the making of an assessment specified in the order; and
(b) if the order includes a direction mentioned in section 115(b) – the actions specified in the direction; and
(c) the giving of information obtained from the assessment to the CEO and other specified persons.
(5) Despite any law of the Territory, a person acting in good faith in giving information under the order is not civilly or criminally liable, or in breach of any professional code of conduct, for giving the information.
(1) The child may refuse to submit to any assessment that relates to the child if the child is of sufficient maturity and understanding to make the decision.
(2) A parent of the child may refuse to submit to any assessment that relates to the parent.
(1) The CEO must give the Court the result of the assessment in a report in the approved form.
(2) Without limiting subsection (1), the report must state whether or not the CEO believes the child is in need of protection on the basis of the result.
This Subdivision does not prevent the CEO from doing any of the following while the assessment order is in force:
(a) taking another action under this Part for the child;
(b) taking an action under Part 2.1 for the child.
(1) The CEO may apply to the Court for a protection order for a child if the CEO reasonably believes:
(a) the child:
(i) is in need of protection; or
(ii) would be in need of protection but for the fact that the child is currently in the CEO’s care; and
(b) the proposed order is:
(i) appropriate; and
(ii) the least intrusive means to safeguard the wellbeing of the child.
(2) The CEO may make the application:
(a) whether or not the child is in the CEO’s care; and
(b) whether or not an application for a temporary protection order or assessment order for the child has been made; and
(c) whether or not a temporary protection order or assessment order for the child is in force.
Note
The provisions about a protection order in this Part are Part of a system for the transfer of such orders and related proceedings between jurisdictions, see Part 2.4.
(1) The CEO must specify in the application:
(a) the proposed order; and
(b) when the order is proposed to have effect; and
(c) why the CEO considers the order is necessary; and
(d) the proposed arrangement for the care and protection of the child under the order.
(2) A care plan, interim care plan or, if the child is not in the CEO’s care, a proposed care plan for the child must be provided with the application unless it is not reasonably practicable to do so.
(3) If a care plan, interim care plan or proposed care plan is not provided with the application the Court may set a date by which the plan is to be provided to the Court, which must not be more than 21 days after the application is made.
(1) The proposed order must specify one or more of the following directions:
(a) a direction (a
supervision direction ) requiring one or more of the following:(i) that a person must do, or refrain from doing, a specified thing directly related to the protection of the child;
(ii) that the CEO must supervise the protection of the child in relation to specified matters;
(iii) that the CEO must do, or refrain from doing, a specified thing related to the care of the child;
(b) a direction (a
daily care and control direction ) giving daily care and control of the child to a specified person;(c) a direction (a
short-term parental responsibility direction ) giving parental responsibility for the child to a specified person for a specified period not exceeding 2 years;(d) a direction (a
long-term parental responsibility direction ) giving parental responsibility for the child to a specified person for a specified period that:(i) exceeds 2 years; and
(ii) ends before the child turns 18 years of age.
(2) Without limiting subsection (1)(a)(i), a supervision direction may:
(a) require a person not to have any direct or indirect contact with the child; or
(b) require a person not to have any direct or indirect contact with the child except when a specified person or a person belonging to a specified group is present.
124 Notice of application (1) As soon as practicable after applying for the order, the CEO must give to each parent of the child:
(a) a copy of the application; and
(b) a written notice:
(i) stating when and where the application is to be heard; and
(ii) providing a list of contact details for local legal service providers; and
(iii) stating that the application may be heard and decided in the absence of the parent.
(2) The CEO must give a copy of the application and written notice by personally serving them on each parent.
(3) If the Court is satisfied that it is impracticable to personally serve the documents mentioned in subsection (1), the Court may order that the documents be served in another manner.
(4) In deciding whether to make an order under subsection (3) the Court must have regard to the following:
(a) whether attempts have been made to effect personal service and why the attempts were unsuccessful;
(b) the reasons why personal service is considered impracticable;
(c) the nature of service proposed;
(d) the reasons why the proposed method of service is likely to be successful;
(e) whether the proposed method of service is appropriate in the circumstances.
(5) If the documents mentioned in subsection (1) are personally served, the CEO must explain the duration and effect of the order to the parent or other person:
(a) in the preferred language of the person; or
(b) if it is not reasonably practicable to do so in the preferred language of the person – in a language and manner the person understands.
(6) The CEO:
(a) must explain the effect of the application and written notice to the child; and
(b) may give a copy of the application and written notice to the child if the CEO considers it is appropriate to do so having regard to the child’s maturity and understanding.
125 Parties (1) The parents of the child are the respondents in the proceedings for the application.
(2) The other parties to the proceedings are:
(a) the child; and
(b) the CEO; and
(c) a person proposed to be given daily care and control of, or parental responsibility for, the child under the order; and
(d) any other person who:
(i) has applied to the Court to be a party to the proceedings; and
(ii) is considered by the Court to have a direct and significant interest in the wellbeing of the child.
126 Hearing in absence of parents
(1) The Court may hear the application in the absence of a parent of the child if:
(a) the Court is satisfied the CEO has given the parent a notice that complies with section 124(1); or
(b) the CEO has not given the parent a notice that complies with section 124(1) but the Court is satisfied the application should be heard in the absence of the parent despite the non‑compliance.
(2) However, this section does not limit the Court’s power to exclude the parent or anyone else from Court proceedings.
(1) Before deciding the application, the Court may order a mediation conference to be convened for the purposes specified by the Court.
(2) Without limiting subsection (1), the conference may be convened for one or more of the following purposes:
(a) establishing the circumstances giving rise to the application;
(b) reviewing an arrangement that has been made for the care of the child;
(c) making recommendations about the arrangement for the care of the child;
(d) arriving at an agreement on the best means of safeguarding the wellbeing of the child.
(3) The Court:
(a) must appoint someone (the
convenor ) who has the qualifications or experience prescribed by regulation to convene the conference; and(b) may direct that:
(i) the conference be convened at a specified time and place; and
(ii) specified persons (including parties to the proceedings and any other persons) are to attend the conference.
(4) A person required to attend the conference may be represented by someone appointed by the person.
(5) The regulations may make any provision for the conference, including the following:
(a) any procedural and reporting requirements for the conference;
(b) the appointment of a person to represent the interests of the child in the conference;
(c) the making of any agreement arising from the conference;
(d) the powers and functions of the convenor.
128 Order of Court (1) The Court may:
(a) make a protection order for the child:
(i) as proposed by the CEO; or
(ii) specifying other directions mentioned in section 123 as the Court considers appropriate; or
(b) dismiss the application.
(1A) If the Court proposes to specify other directions under subsection (1)(a)(ii), the Court must hear submissions from the parties in relation to those directions.
(2) The Court may make any order for an agreement arising from a mediation conference for the child.
The Court must make the protection order if the Court is satisfied:
(a) the child:
(i) is in need of protection; or
(ii) would be in need of protection but for the fact that the child is currently in the CEO’s care, and
(b) the proposed order is:
(i) appropriate; and
(ii) the least intrusive means to safeguard the wellbeing of the child.
130 Court to consider certain matters
(1) In making the decision, the Court must consider:
(a) any matters arising from a mediation conference for the child; and
(b) the wishes of the following:
(i) the child;
(ii) a parent of the child;
(iii) a person proposed to be given daily care and control of, or parental responsibility for, the child under the order;
(iv) any other person considered by the Court to have a direct and significant interest in the wellbeing of the child; and
(c) if the CEO proposes that daily care and control of, or parental responsibility for, the child be given to a person (including, for example, the CEO):
(i) any report or recommendation given to the Court by the CEO about the proposal; and
(ii) whether there is another person who is better suited to be given daily care and control of, or parental responsibility for, the child; and
(iii) the needs of the child for long-term stability and security; and
(ca) the steps taken by the Territory:
(i) to provide the services necessary to address any likely risks of harm to the child; and
(ii) to ensure the services were provided in accordance with section 42(4); and
(d) any other matters the Court considers relevant.
(2) Without limiting subsection (1)(c), the Court must not give a person who is not a parent or family member of the child or a member of the kinship group to which the child belongs parental responsibility for the child under a long-term parental responsibility direction unless the Court is satisfied:
(a) giving the responsibility to the person is the best means of safeguarding the child’s wellbeing; and
(b) there is no one else who is better suited to be given the responsibility.
(3) The Court must not make a protection order unless a care plan, interim care plan or proposed care plan has been provided to the Court.
To avoid doubt, the Court may make a protection order for the child even if the circumstances causing the child to be in need of protection occurred:
(a) outside the Territory or Australia; or
(b) partly in the Territory and partly outside the Territory or Australia.
(1) The order has effect as specified by the Court unless the Court extends, varies or revokes the order under section 136 or 137.
(2) In any case, the order must cease to have effect when the child turns 18 years of age.
(1) As soon as practicable after the order is made, the CEO must give each party to the proceedings (except the child):
(a) a copy of the order; and
(b) a written notice:
(i) explaining the effect of the order; and
(ii) stating the party may appeal against the order under Division 6 within 28 days after it is made; and
(iii) stating how the appeal may be instituted.
(2) The CEO may give the copy and notice:
(a) by personally serving them on the party; or
(b) if the CEO considers it impracticable to do so:
(i) by leaving them at the party’s last known address; or
(ii) by sending them by post to that address.
(3) The CEO:
(a) must explain the effect of the order and notice to the child; and
(b) may give a copy of the order and notice to the child if the CEO considers it appropriate to do so having regard to the child’s maturity and understanding.
134 Obligations to supervise protection of child (1) If the order includes a supervision direction requiring the CEO to supervise the protection of the child in relation to specified matters, the CEO must, while the order is in force, maintain reasonable contact with:
(a) the child; and
(b) the parents of the child; and
(c) any other person who is residing with the child.
(2) For subsection (1):
(a) the parents of the child or any other person who has daily care and control of the child must:
(i) keep the CEO informed about where the child is residing; and
(ii) allow an authorised officer to have reasonable contact with the child; and
(b) an authorised officer may, at any reasonable time, enter a place where the child is located to have contact with the child; and
(c) an authorised officer may, at any reasonable time, enter the place where the child ordinarily resides to inquire about the specified matters; and
(d) the CEO may, by written notice, require a parent of the child or a person residing with the child to do or refrain from doing a specified thing for the supervision direction.
(3) The notice must state the reasons for the requirement.
(4) An authorised officer may use any reasonable force or assistance in acting under this section.
(1) If the protection order gives daily care and control of, or parental responsibility for, the child to the CEO, the CEO:
(a) must give the parents of the child information about:
(i) where the child is residing; and
(ii) any arrangement that has been made for the care of the child; and
(b) must provide opportunity for the child to have contact with the parents and other family members of the child as often as is reasonable and appropriate in the circumstances.
(2) Subsection (1) has effect subject to any contrary direction of the Court.
(1) The CEO may, before the order ceases to be in force, apply to the Court for the order to be extended for a further specified period.
(2) The order may be extended more than once.
(3) This Subdivision applies to an application for an extension of the order in the same way as it applies to the application for the order.
(4) However, in considering the application, the Court may take into account:
(a) any contravention of the order by a person; and
(b) any contravention of this Act in relation to the child by a person.
137 Variation and revocation of order (1) Before the order ceases to be in force, a party to the proceedings for the making of the order may apply to the Court for the order to be:
(a) varied; or
(b) revoked; or
(c) revoked and replaced by a new protection order.
(2) However, a parent of the child must not:
(a) apply for the order to be replaced if the proposed new order will give parental responsibility for the child to a different person; or
(b) without the leave of the Court – apply for the order to be varied or revoked if a similar application has been decided by the Court.
(3) The Court may only grant the leave if the Court is satisfied the parent has new evidence to present to the Court.
(4) An application under subsection (1) must be made as if it were an application for a protection order.
(5) This Subdivision applies to the application with the following changes:
(a) as soon as practicable after making the application, the applicant must give a copy of the application to the CEO and each parent of the child (except a parent who is the applicant);
(b) section 124(1) to (5) do not apply to the CEO, but the CEO must comply with section 124(6) as soon as practicable after receiving the copy of the application;
(c) in considering the application, the Court may take into account:
(i) any contravention of the order by a person; or
(ii) any contravention of this Act in relation to the child by a person.
(6) The Court may revoke the order only if the Court is satisfied the order is no longer necessary.
(1) A
permanent care order is an order made by the Court in relation to a child, for the period that ends when the child turns 18 years of age, that orders that a person have the parental responsibility for the child.(2) Only the CEO may apply for a permanent care order.
(3) The CEO may apply to the Court for a permanent care order for a child if the CEO reasonably believes:
(a) the child would be in need of protection but for the fact that, at the time the application is made, a protection order with a long-term parental responsibility direction giving parental responsibility for the child to the CEO or another specified person (or both) is in force for the child for a period that ends immediately before the child turns 18 years of age; and
(b) the proposed order is the best means to safeguard the wellbeing of the child; and
(c) the person proposed to be given the parental responsibility for the child has demonstrated the person’s suitability to be given that responsibility.
137B Applications (1) The application must include the following:
(a) the proposed order;
(b) when the order is proposed to have effect;
(c) why the CEO considers the order is necessary;
(d) a statement that the person proposed to be given the parental responsibility for the child consents to the making of the order;
(e) if the CEO considers it appropriate to do so – a request that the permanent care order include a direction authorising the child to travel outside Australia without the consent of the child’s parent.
(2) A care plan for the child must be provided with the application unless it is not reasonably practicable to do so.
(3) If a care plan is not provided with the application the Court may set a date by which the plan is to be provided to the Court, which must not be more than 21 days after the application is made.
(1) As soon as practicable after applying for the order, the CEO must give to each parent of the child and the person proposed to be given the parental responsibility for the child under the order:
(a) a copy of the application; and
(b) a written notice:
(i) stating when and where the application is to be heard; and
(ii) providing a list of contact details for local legal service providers; and
(iii) stating that the application may be heard and decided in the absence of the parent or person.
(2) The CEO must give a copy of the application and written notice by personally serving them on each parent and the person proposed to be given the parental responsibility for the child under the order.
(3) If the Court is satisfied that it is impracticable to personally serve the documents mentioned in subsection (1), the Court may order that the documents be served in another manner.
(4) In deciding whether to make an order under subsection (3) the Court must have regard to the following:
(a) whether attempts have been made to effect personal service and why the attempts were unsuccessful;
(b) the reasons why personal service is considered impracticable;
(c) the nature of service proposed;
(d) the reasons why the proposed method of service is likely to be successful;
(e) whether the proposed method of service is appropriate in the circumstances.
(5) The CEO:
(a) must explain the effect of the application and written notice to the child; and
(b) may give a copy of the application and written notice to the child if the CEO considers it is appropriate to do so having regard to the child’s maturity and understanding.
137D Parties to proceedings (1) The parents of the child are the respondents in the proceedings for the application.
(2) The other parties to the proceedings are:
(a) the child; and
(b) the CEO; and
(c) the person proposed to be given parental responsibility for the child under the order.
137E Hearing in absence of parents (1) The Court may hear the application in the absence of a parent of the child if:
(a) the Court is satisfied that the CEO has given the parent a notice that complies with section 137C(1)(b); or
(b) the CEO has not given the parent a notice that complies with section 137C(1)(b) but the Court is satisfied the application should be heard in the absence of the parent despite the non‑compliance.
(2) However, subsection (1) does not limit the Court’s power to exclude the parent or anyone else from Court proceedings.
(1) The Court may:
(a) make a permanent care order for the child as proposed by the CEO; or
(b) dismiss the application.
(2) If the Court makes a permanent care order, any protection order in force for the child is revoked.
(3) When making a permanent care order for a child, the Court:
(a) may, if the application for the order requested a direction authorising the child to travel outside Australia without the consent of a parent of the child, make that direction; and
(b) must not make any other direction.
137G Making permanent care orders The Court must make the permanent care order if the Court is satisfied:
(a) the child would be in need of protection but for the fact that the child is, at the time the order is made in the care of the CEO or another person; and
(b) the order is the best means to safeguard the wellbeing of the child; and
(c) the person proposed to be given the parental responsibility for the child under the order has demonstrated the person’s suitability to have that responsibility.
137H Court to consider certain matters In making the decision whether or not to make the permanent care order, the Court must consider:
(a) the wishes of the following:
(i) the child;
(ii) a parent of the child;
(iii) the person proposed to be given parental responsibility for the child under the order;
(iv) any other person considered by the Court to have a direct and significant interest in the wellbeing of the child; and
(b) any other matters the Court considers relevant.
137J Extraterritoriality To avoid doubt, the Court may make a permanent care order for the child even if the circumstances causing the child to be in need of protection occurred:
(a) outside the Territory or Australia; or
(b) partly in the Territory or Australia and partly outside the Territory or Australia.
137K Duration of order A permanent care order is in force from when it is made until the child turns 18 years of age unless the Court earlier revokes the order under section 137M.
(1) As soon as practicable after a permanent care order is made, the CEO must give each party to the proceedings (except the child):
(a) a copy of the order; and
(b) a written notice:
(i) explaining the effect of the order; and
(ii) stating that the party may appeal against the order under Division 6 within 28 days after it is made; and
(iii) stating how the appeal may be instituted.
(2) The CEO may give the copy and notice to a party:
(a) by personally serving them on the party; or
(b) if the CEO considers it impracticable to do so:
(i) by leaving them at the party’s last known address; or
(ii) by sending them by post to that address.
(3) The CEO may give a copy of the order and notice to the child if the CEO considers it appropriate to do so having regard to the child’s maturity and understanding.
(1) Before the permanent care order expires, the CEO may apply to the Court for the order to be:
(a) revoked; or
(b) revoked and replaced by a protection order.
(2) This Subdivision applies to the application with the following changes:
(a) as soon as practicable after making the application, the CEO must give a copy of the application to each party to the proceedings for the making of the permanent care order;
(b) in considering the application, the Court may take into account:
(i) any contravention of the order by a person; or
(ii) any contravention of this Act in relation to the child by a person.
(3) The Court may revoke the order only if the Court is satisfied that to revoke the order is the best means to safeguard the wellbeing of the child.
(4) If the Court revokes the permanent care order, the Court may:
(a) simply revoke the order; or
(b) revoke the order and make a protection order, including any directions the Court considers appropriate.
Division 5 Adjournment
(1) The Court may adjourn proceedings for an application for an assessment order, a protection order or a permanent care order (including an application under section 136 or 137).
(2) The Court must:
(a) to the greatest extent possible, avoid granting adjournments; and
(b) may grant adjournments only if the Court considers:
(i) doing so is in the best interests of the child to whom the proceedings relate; or
(ii) there are other strong reasons for doing so.
(3) In deciding the period of adjournment, the Court must have regard to the principle that it is in the best interests of the child for the application to be decided as soon as possible.
(4) The Court:
(a) must state its reasons for the adjournment; and
(b) may give directions to the parties to the proceedings about what they must do or refrain from doing during the adjournment.
139 Order (1) On granting the adjournment, the Court may make one or more of the following orders:
(a) an order giving daily care and control of the child:
(i) to the CEO if the proceedings relate to an assessment order; or
(ii) to the CEO or a family member of the child if the proceedings relate to a protection order;
(b) an order that a report be prepared and filed in the Court about the following persons:
(i) the child;
(ii) the child’s family;
(iii) if the proceedings relate to an application for a permanent care order – the person proposed to be given parental responsibility for the child under the order;
(c) an order authorising a medical examination of the child and the filing of a report of the examination in the Court;
(d) an order restricting the contact between the child and specified persons;
(e) an order that a mediation conference be convened for the child.
(2) Each of the orders has effect during the adjournment.
(3) The Court may, without limiting what may be addressed by a report prepared for subsection (1), specify matters that must be addressed by the report.
(4) The child may refuse to submit to any of the examination mentioned in subsection (1)(c) if the child is of sufficient maturity and understanding to make the decision.
(5) Without limiting subsection (1)(d), an order mentioned in that subsection may:
(a) direct a person not to have any direct or indirect contact with the child; or
(b) direct a person not to have any direct or indirect contact with the child except when a specified person or a person belonging to a specified group is present; or
(c) require the CEO to supervise any contact between the child and a specified person.
(6) The Court must not require the CEO to supervise any contact between the child and a specified person unless the Court has heard submissions from the parties in relation to the requirement.
(7) Section 127 (which is about mediation conference) applies for subsection (1)(e) in relation to proceedings for an assessment order with any necessary changes.
(1) A party to any Court proceedings may appeal to the Supreme Court against any order or decision of the Court (the
original decision ), other than a temporary protection order.(2) The appellant must do so by filing a notice of appeal with the Registrar of the Supreme Court within 28 days after the original decision is made.
(3) The notice must specify:
(a) the grounds for the appeal; and
(b) the facts on which the appeal is based.
(4) The appellant must serve a copy of the notice on each of the other parties to the proceedings.
(1) The Supreme Court may stay the original decision to secure the effectiveness of the appeal.
(2) A stay:
(a) may be given on any conditions specified by the Supreme Court; and
(b) operates for the period specified by the Supreme Court; and
(c) may be revoked or amended by the Supreme Court.
(3) However, the period of the stay must not extend beyond the time when the Supreme Court decides the appeal.
(1) An appeal against an assessment order:
(a) must be conducted as a new hearing; and
(b) is not limited by the evidence before the Court when the order was made.
(2) Except as the Supreme Court otherwise directs, an appeal against any other order or decision must be decided on the evidence before the Court when the order or decision was made.
The Supreme Court may:
(a) confirm the original decision; or
(b) vary the original decision (unless the original decision was a permanent care order); or
(c) set aside the original decision; or
(d) set aside the original decision and replace it with a new order or decision.
(1) In proceedings under this Act, the Court may order the appointment of a legal practitioner to represent a child to whom the proceedings relate if the Court considers doing so is in the best interests of the child.
(2) A legal practitioner may represent more than one child in the same proceedings unless the Court orders otherwise.
(1) A legal representative who is appointed on the order of the Court for a child must:
(a) if subsection (2) applies – act on the instructions of the child; or
(b) otherwise:
(i) act in the best interests of the child regardless of any instructions from the child; and
(ii) present the views and wishes of the child to the Court.
(2) This subsection applies:
(a) if the child is of sufficient maturity and understanding to be able to give instructions in relation to the proceedings; and
(b) to the extent that the child gives instructions.
(3) For this section, it is presumed, unless the contrary is proved, that:
(a) a child who is under 10 years of age does not have sufficient maturity and understanding to be able to give instructions in relation to the proceedings; and
(b) a child who is at least 10 years of age does have sufficient maturity and understanding to be able to give instructions in relation to the proceedings.
(4) A legal representative for a child must inform the Court whether or not he or she is acting on instructions from the child.
(1) A legal representative for a child must:
(a) take all reasonable steps to ascertain whether the child is of sufficient maturity and understanding to be able to give instructions in relation to the proceedings; and
(b) take all reasonable steps to:
(i) if the child is of sufficient maturity and understanding – obtain instructions from the child; or
(ii) otherwise – ascertain the views and wishes of the child for the purposes of section 143B(1)(b)(ii).
(2) A legal representative for a child must take all reasonable steps to actively and professionally represent the child as if the legal practitioner had been engaged by the child.
(1) A person appointed as the legal representative for a child remains the child’s representative until one of the following occurs:
(a) the proceedings for which the appointment was made are finally concluded;
(b) with leave of the Court, the legal representative withdraws as the child’s representative;
(c) the Court revokes the appointment.
(2) For this section, proceedings are
finally concluded when one of the following occurs:(a) the proceedings are discontinued;
(b) the Court makes a final order in the proceedings and either:
(i) the time within which an appeal may be lodged against that order lapses without an appeal being lodged; or
(ii) if an appeal is lodged within that period – the appeal proceedings are finally concluded.
(3) The Court may revoke the appointment of a legal practitioner as the legal representative for a child at any time if satisfied that:
(a) the practitioner has failed to perform his or her duty under section 143C; or
(b) it is otherwise no longer in the best interests of the child for the practitioner to represent the child.
(4) The Court may do so on application by a party or on the Court’s own initiative.
The regulations may make provision for any of the following:
(a) eligibility criteria for appointment under this Division as a legal representative for a child;
(b) responsibilities of, and standards to be met by, legal representatives appointed under this Division.
In this Division:
(a) is the parent of a child to whom proceedings under this Part relate; and
(b) is a child.
(1) Despite anything to the contrary in the rules made under the
Local Court Act 2015 , a young parent may engage a legal practitioner to represent the young parent in proceedings under this Part if the young parent is of sufficient maturity and understanding to be able to give instructions in relation to the proceedings.(2) For subsection (1), it is presumed, unless the contrary is proved, that a young parent has sufficient maturity and understanding to be able to give instructions in relation to proceedings under this Part.
(3) Despite subsection (1), a legal practitioner must not represent a young parent in proceedings under this Part unless the practitioner has taken all reasonable steps to ascertain that the young parent is of sufficient maturity and understanding to be able to give instructions in relation to the proceedings.
Despite section 143G, the Court may appoint a litigation guardian for a young parent if the Court considers the young parent is not of sufficient maturity or understanding to be able to give instructions in relation to the proceedings.
This Division applies to any Court proceedings other than proceedings for a temporary protection order.
Section 12(2) of the
Note
Section 12(2) of the Evidence Act 1939 prohibits the disclosure by a medical practitioner of certain information.
(1) The Court may:
(a) order a child to attend the proceedings (whether or not the proceedings relate to the child); or
(b) make any other order in relation to the attendance of the child in the proceedings.
(2) In addition, the Court may make orders in relation to the following:
(a) taking a written statement from the child;
(b) presenting to the Court the statement and a report prepared under section 149 for the child.
(3) The Court may:
(a) receive the statement and report as evidence; and
(b) give them the weight the Court considers appropriate.
(4) However, the Court must have regard to the following when acting under subsection (3):
(a) the age of the child;
(b) the intellectual capacity of the child;
(c) the capacity of the child to understand the duty to speak the truth;
(d) the extent to which the child may have been influenced by another person in making the statement or giving information for the report.
(5) The Court must take into account the wishes of the child when making an order under this section.
(6) Apart from this section, the child is not required to give evidence in any Court proceedings.
(1) The Court may hear submissions from a person:
(a) who is a family member of the child; or
(b) whom the Court considers is able to inform the Court on matters relevant to the proceedings.
(2) A legal practitioner may make the submissions for the person.
(1) The Court may order a report to be prepared about the wellbeing of the child.
(2) Without limiting subsection (1), the Court may specify in the order one or more of the following:
(a) the person who must prepare the report;
(b) the matters that must be addressed in the report;
(c) the persons who must give information for the report;
(d) that the child, a parent of the child or another person be interviewed for the report.
(3) A person must not contravene the order.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(4) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
(5) A person is not civilly or criminally liable, or in breach of any professional code of conduct, for:
(a) giving information for the report; or
(b) preparing the report; or
(c) giving the report to the Court.
(6) The Court must, as soon as possible after receiving the report:
(a) take all reasonable steps to ensure each party to the proceedings is given a copy of the report; and
(b) give such other directions about the report as the Court considers appropriate.
(7) However, the Court may decide not to give a copy of the report to a party to the proceedings if the Court considers it inappropriate to do so in the circumstances.
(1) A person who has a copy of the report must not disclose any information in it to another person.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply if the information is disclosed:
(a) with the leave of the Court; or
(b) to the person’s legal representative; or
(c) otherwise for the purposes of this Act.
151 Examination and cross-examination of witnesses (1) A witness may be examined and cross-examined in any Court proceedings as the Court considers appropriate.
(2) If the Court regards a question directed at a witness as offensive, the Court may:
(a) disallow the question; or
(b) excuse the witness from answering the question.
(3) If the Court regards an examination or cross-examination of a witness as oppressive or repetitive, the Court may:
(a) disallow the examination or cross-examination; or
(b) excuse the witness from the examination or cross-examination.
Part 2.4 Transfer of orders and proceedings
The object of this Part is to enable orders in the nature of protection orders and related proceedings to be transferred between different jurisdictions, so that:
(a) children may be protected under the orders when moving from one jurisdiction to another; and
(b) the proceedings may be determined expeditiously.
In this Part:
(a) is of the same or a similar nature as a protection order; and
(b) gives responsibility (however described) in relation to the child to:
(i) a Minister of the Crown in right of the Territory or a State; or
(ii) a government department or statutory authority, or the chief executive officer (however described) of, or someone employed or engaged in, the department or authority; or
(iii) an organisation or the chief executive officer (however described) of the organisation.
(a) a finding (however described, and includes a finding that a child is in need of protection) that is a prerequisite to the making of a child protection order; or
(b) the making of a child protection order or interim order; or
(c) the extension, variation or revocation of a child protection order.
(a) a law of a State that substantially corresponds to the provisions in Part 2.3 that relate to a protection order; or
(b) a child welfare law specified by regulation under section 154(1).
(a) an order made under section 170; or
(b) an equivalent order made under an interstate law.
(a) a law of a State that substantially corresponds to the provisions in this Part; or
(b) an interstate law specified by regulation under section 154(2).
(a) the person holding or occupying the office or position that has the principal responsibility for the protection of children in the State under the child welfare law of the State; or
(b) the person holding or occupying the office or position specified in the regulations under section 154(3) for the State.
(a) a State or another Territory of the Commonwealth; or
(b) New Zealand.
(a) for a court – a day on which the court’s offices are open; or
(b) for the CEO – a day on which the Department’s principal office is open.
(1) A regulation may specify a law of a State that substantially corresponds to the provisions in Part 2.3 that relate to a protection order to be a child welfare law.
(2) A regulation may specify a law of a State that substantially corresponds to the provisions in this Part to be an interstate law.
(3) A regulation may specify an office or position in a State to be an office or position the holder or occupier of which is the interstate officer of the State.
The CEO may transfer a home order to a participating State if:
(a) the child to whom the order relates is residing, or is about to reside, in the State; and
(b) no application has been made for the transfer under Subdivision 2; and
(c) the order is not subject to an appeal and the time for instituting an appeal has expired; and
(d) the CEO considers the wellbeing of the child will not be adversely affected by the transfer, having regard to the wishes of:
(i) the child; and
(ii) each parent of the child; and
(iii) each person who has access to the child under the order; and
(iv) any other person considered by the CEO to have a direct and significant interest in the wellbeing of the child; and
(e) the CEO considers a child protection order having the same or a similar effect as the home order can be made under the child welfare law of the State; and
(f) the CEO considers it appropriate for the interstate officer of the State to exercise powers and responsibilities under a child protection order for the child; and
(g) the interstate officer has consented in writing to the transfer and the matters specified by the CEO under section 156 for the transfer; and
(h) each person whose consent to the transfer is required under section 157 has consented to the transfer.
(1) The CEO must specify in the decision the period for which the transferred order is to be in force.
(2) The period must be the lesser of:
(a) the period for which the home order would remain in force if it is not transferred; and
(b) the maximum period for which a child protection order of the participating State that has the same or a similar effect as the home order can be in force in the State.
(3) The CEO may also specify in the decision provisions to be included in the transferred order to the extent to which they can be included in a child protection order mentioned in subsection (2)(b).
(1) Consent of each of the following persons to the transfer is required:
(a) if the CEO considers the child has sufficient maturity and understanding to give the consent – the child;
(b) each parent of the child;
(c) each person who has access to the child under the order.
(2) However, consent from a person mentioned in subsection (1)(b) or (c) is not required if:
(a) the person cannot be found after a reasonable attempt has been made to find the person; or
(b) the person is residing, or is about to reside, in the participating State.
(3) In obtaining the consent of a person, the CEO must ensure the person is informed of:
(a) the person’s right to apply under section 159 for a review of the CEO’s decision and the time within which the application may be made; and
(b) the CEO’s right to apply to the Court for an order for the transfer of the home order under section 160.
158 Notice of decision (1) The CEO must give a notice of the decision to transfer the home order to each of the following persons:
(a) if the child is at least 10 years of age and the CEO considers the child has sufficient maturity and understanding to comprehend the transfer and its consequences – the child;
(b) each parent of the child;
(c) each person who has access to the child under the order;
(d) any other person considered by the CEO to have a direct and significant interest in the wellbeing of the child.
(2) The CEO must give the notice:
(a) as soon as practicable; and
(b) in any case not later than 3 working days after the decision is made.
(3) The notice must state:
(a) the date of the decision; and
(b) details of the order that will apply to the child in the participating State; and
(c) that the person is entitled to apply for a review of the decision under section 159 and the time within which the application may be made.
159 Review of decision (1) A person to whom the CEO has given a notice of the decision may apply to the Court for a review of the decision.
(2) The application must be made within 20 working days after the person receives the notice.
(3) The review is a review:
(a) of the merits of the decision; and
(b) on the grounds specified in the application.
(4) The application stays the decision until the application is decided.
(5) The Court may:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision; or
(d) set aside the decision and replace it by the Court’s decision.
Subdivision 2 Transfer by Court
The CEO may apply to the Court for an order transferring a home order to a participating State if:
(a) the child to whom the order relates is residing, or is about to reside, in the State; and
(b) the order is not subject to an appeal and the time for instituting an appeal has expired; and
(c) the CEO considers the wellbeing of the child will not be adversely affected by the transfer, having regard to the wishes of:
(i) the child; and
(ii) each parent of the child; and
(iii) any other person who has access to the child under the order; and
(iv) any other person considered by the CEO to have a direct and significant interest in the wellbeing of the child; and
(d) the CEO considers a child protection order having the same or a similar effect as the home order can be made under the child welfare law of the State; and
(e) the CEO considers it appropriate for the interstate officer of the State to exercise powers and responsibilities under a child protection order for the child; and
(f) the interstate officer has consented in writing to the transfer and any of the following matters proposed by the CEO for the transfer:
(i) the period for which the transferred order is to be in force;
(ii) provisions to be included in the transferred order; and
(g) one or more of the following apply:
(i) a person whose consent to the transfer is required under section 157 has refused or failed to do so;
(ii) the CEO considers the transferred order should include provisions different from those that are included in the home order;
(iii) the CEO considers that, if the CEO were to make a decision to transfer the order, a person is likely to apply for a review of the decision under section 159;
(iv) the CEO otherwise considers it appropriate for the Court to decide whether or not to transfer the order.
161 Service of application
The CEO must, as soon as practicable after making the application, give a copy of the application to:
(a) if the child is at least 10 years of age and the CEO considers the child has sufficient maturity and understanding to comprehend the transfer and its consequences – the child; and
(b) each parent of the child; and
(c) anyone else who was a party to the proceedings relating to the home order (other than the CEO); and
(d) each person who has access to the child under the order; and
(e) any other person considered by the CEO to have a direct and significant interest in the wellbeing of the child.
The Court must not hear the application unless:
(a) the Court is satisfied the CEO is entitled to make the application; and
(b) the CEO has given the Court a report that includes:
(i) a history of the care of the child by the CEO; and
(ii) any criminal history of the child; and
(iii) details of any sentencing order imposed on the child that is in force; and
(iv) any recommendations by the CEO concerning the proposed transfer; and
(v) any other information prescribed by regulation.
163 Court must consider certain matters
The Court must not decide the application unless it has considered:
(a) the report mentioned in section 162(b); and
(b) all of the following matters:
(i) the place or likely place of residence for the child and other persons mentioned in section 161;
(ii) how the wellbeing and interests of the child might be affected by the transfer;
(iii) the matters mentioned in section 160(f)(i) and (ii) that are proposed by the CEO;
(iv) whether a child protection order having the same or a similar effect as the home order can be made under the child welfare law of the participating State;
(v) whether it is appropriate for a child protection order for the child to be in force under the child welfare law of the State;
(vi) whether it is appropriate for the interstate officer of the State to exercise powers and responsibilities under the child protection order;
(vii) wishes expressed by the child;
(viii) wishes expressed by other persons mentioned in section 161.
164 Order of Court
(1) The Court may, by order:
(a) transfer the home order to the participating State; or
(b) dismiss the application.
(2) If the Court transfers the order to the State, the Court must specify in the transferred order the period for which it is to be in force.
(3) The period must not be longer than the maximum period for which a child protection order of the State that has the same or a similar effect as the transferred order can be in force in the State.
(4) The Court may also specify provisions to be included in the transferred order to the extent to which they can be included in a child protection order mentioned in subsection (3).
(5) However, in specifying the matters mentioned in subsections (2) to (4), the Court must be satisfied:
(a) the transferred order will have the same or a similar effect as the home order; and
(b) the interstate officer of the State has consented in writing to the matters; and
(c) the transferred order is in the best interests of the child.
Division 3 Transfer of child protection proceedings
The CEO may apply to the Court for an order transferring a home proceeding to a participating State if:
(a) the child to whom the proceeding relates is residing, or is about to reside, in the State; and
(b) the interstate officer of the State has consented in writing to the transfer.
The CEO must, as soon as practicable after making the application, give a copy of the application to:
(a) if the child is at least 10 years of age and the CEO considers the child has sufficient maturity and understanding to comprehend the transfer and its consequences – the child; and
(b) each parent of the child; and
(c) anyone else who was a party to the home proceeding (other than the CEO); and
(d) each person who has access to the child under an order of the Court; and
(e) any other person considered by the CEO to have a direct and significant interest in the wellbeing of the child.
The Court must not hear the application unless:
(a) the Court is satisfied the CEO is entitled to make the application; and
(b) the CEO has given the Court a report that includes:
(i) a history of the care of the child by the CEO; and
(ii) any criminal history of the child; and
(iii) details of any sentencing order imposed on the child that is in force; and
(iv) any recommendations by the CEO concerning the proposed transfer; and
(v) any other information prescribed by regulation.
168 Court must consider certain matters
The Court must not decide the application unless the Court has considered:
(a) the report mentioned in section 167(b); and
(b) all of the following matters:
(i) the place of residence or likely place of residence for the child and other persons mentioned in section 166;
(ii) the place where any of the matters giving rise to the proceeding arose;
(iii) how the wellbeing and interests of the child might be affected by the transfer;
(iv) whether any other proceedings relating to the child are pending, or have previously been heard and determined, under the child welfare law of the participating State;
(v) whether it is appropriate for a child protection order for the child to be in force under the child welfare law of the State;
(vi) whether it is appropriate for the interstate officer of the State to exercise powers and responsibilities under the child protection order;
(vii) wishes expressed by the child;
(viii) wishes expressed by other persons mentioned in section 166.
169 Order of Court
(1) The Court may, by order:
(a) transfer the home proceeding to the participating State; or
(b) dismiss the application.
(2) If the Court transfers the proceeding to the State, the proceeding is discontinued in the Court on the registration of the transfer in the Children’s Court of the State under the interstate law.
(1) If the Court transfers the proceeding to the participating State, the Court may also make an interim order providing for one or more of the following:
(a) giving daily care and control of, or parental responsibility for, the child to a specified person under specified conditions;
(b) giving the responsibility for the supervision of the wellbeing of the child to:
(i) the interstate officer of the State; or
(ii) any other specified person in the State to whom the responsibility could be given under the child welfare law of the State.
(2) The interim order remains in force for a specified period not exceeding 30 days.
(3) The Children’s Court of the State may extend, vary or revoke the interim order under the interstate law of the State.
(1) The CEO must file in the Court:
(a) a copy of each child protection order transferred to the Territory under an interstate law; and
(b) the decision or order to transfer the order.
(2) The CEO must do so as soon as practicable after the decision or order is made.
(3) However, the CEO must not do so if, under the interstate law:
(a) the decision or order is subject to a review, appeal or stay; or
(b) the time for seeking a review, or instituting an appeal, of the decision or order has not expired.
172 Filing of documents for transfer of child protection proceeding (1) The CEO must file in the Court:
(a) a copy of each order made under an interstate law to transfer a child protection proceeding to the Territory; and
(b) any interim order relating to the proceeding.
(2) The CEO must do so as soon as practicable after the order to transfer the proceeding is made.
(3) However, the CEO must not do so if, under the interstate law:
(a) the order is subject to a review, appeal or stay; or
(b) the time for seeking a review, or instituting an appeal, of the order has not expired.
173 Registration of (1) A registrar of the Court must register the transfer of a child protection order or child protection proceeding if the CEO files documents for the transfer under section 171 or 172.
(2) The registrar must do so in a way decided by the Court.
(1) If the transfer of a child protection order is registered, the transferred order is taken for all purposes to be a home order from the day of the registration.
(2) If the transfer of a child protection proceeding is registered:
(a) the proceeding is taken to have commenced in the Court under Part 2.3 on the day of the registration; and
(b) any interim order filed under section 172(1)(b) relating to the proceeding is taken for all purposes to be an order made by the Court from the day of the registration.
175 Revocation of registration (1) Any of the following may apply to the Court for the revocation of the registration of the transfer of an order or proceeding under section 173:
(a) the CEO;
(b) if the child to whom the order or proceeding relates is at least 10 years of age – the child;
(c) a parent of the child;
(d) a party to proceedings in the Children’s Court of the sending State in relation to the order or proceeding.
(2) A registrar of the Court must, as soon as practicable after the Court has received the application, give a copy of the application to:
(a) the interstate officer of the sending State; and
(b) each person mentioned in subsection (1)(a) to (d), other than the person making the application.
(3) The Court may revoke the registration only if the Court is satisfied, at the time of the registration:
(a) the decision or order to transfer the order or proceeding was subject to a review, appeal or stay under the interstate law of the State; or
(b) the time for seeking such a review, or instituting an appeal, had not expired.
(4) If the Court revokes the registration, a registrar of the Court must arrange for the following to be sent to the Children’s Court of the State:
(a) a copy of the revocation;
(b) a copy of each document filed under section 171 or 172 for the transfer.
(5) The revocation does not prevent the re-registration of the transfer at a later time.
A registrar of the Court must notify an appropriate officer of the Children’s Court of a State and the interstate officer of the State of:
(a) the registration under section 173 of the transfer from the State of an order or proceeding; and
(b) any revocation of the registration under section 175.
(1) A home order transferred to a participating State ceases to have effect on the registration of the transfer in the Children’s Court of the State.
(2) However, the home order revives on the revocation of the registration under the interstate law of the State.
(3) The revived order continues to be in force until it would, apart from this Part, have expired.
(1) A home proceeding transferred to a participating State is discontinued on the registration of the transfer in the Children’s Court of the State.
(2) However, on the revocation of the registration under the interstate law of the State:
(a) the proceeding continues before the Court; and
(b) the Court may hear the proceeding as if it had not been transferred.
179 Transfer of Court file (1) On the transfer of a home order or home proceeding to a participating State, a registrar of the Court must send all documents held by the Court for the order or proceeding to the Children’s Court of the State.
(2) However, the registrar must not do so if:
(a) the decision or order to transfer the order or proceeding is subject to a review, appeal or stay; or
(b) the time for seeking a review, or instituting an appeal, of the decision or order has not expired.
Division 5 Other matters
In hearing and determining a child protection proceeding transferred to the Court, the Court:
(a) may have regard to the transcript of, or any evidence adduced in, the proceeding in the Children’s Court of the sending State that occurred before the transfer (the
previous proceeding ); but(b) is not bound by any finding of fact made in the previous proceeding.
(1) This section applies to any information acquired by the CEO in exercising powers or performing functions under this Act.
(2) The CEO may disclose the information to an interstate officer if the CEO considers the disclosure is necessary for the officer to exercise a power or to perform a function under a child welfare law or interstate law.
(1) If there is a proposal to transfer a child protection order to the Territory under an interstate law, the CEO may:
(a) consent or refuse to consent to the transfer; or
(b) consent or refuse to consent to:
(i) the period for which the order is to be in force; and
(ii) the provisions to be included in the order.
(2) If there is a proposal to transfer a child protection proceeding to the Territory under an interstate law, the CEO may consent or refuse to consent to the transfer.
An interstate officer’s consent or refusal to consent to the transfer of a home order from the Territory does not give rise to any of the following proceedings against the officer:
(a) proceedings for the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto;
(b) proceedings for the grant of a declaration or an injunction (whether on the ground of absence of jurisdiction or any other ground).
If the CEO believes on reasonable grounds that an unborn child may be a child in need of protection after the child is born, the CEO may, only with the consent of the person who is pregnant with the unborn child, do any of the following:
(a) refer the pregnant person and any person who may be involved in caring for the unborn child when it is born to a provider of prenatal or child-related services for advice, services and support;
(b) provide or arrange voluntary support services for the pregnant person and any person who may be involved in caring for the unborn child when it is born.
(1) The CEO may share any information acquired by the CEO in exercising powers or performing functions under this Act in a database that enables States and the Territory to share information related to the safety and wellbeing of children if the CEO is satisfied that the information in the database will only be used for an interstate officer to exercise powers or perform functions under a child welfare law.
(2) In this section:
child welfare law means a law of a State that substantially corresponds to the provisions in Part 2.3 that relate to a protection order.interstate officer , for a State, means the person holding or occupying the office or position that has the principal responsibility for the protection of children in the State under the child welfare law of the State.State means:(a) a State or another Territory of the Commonwealth; or
(b) New Zealand.
Chapter 3 Prevention of harm and exploitation
(1) The object of this Part is to ensure individuals who pose an unacceptable risk of harm or exploitation to children are prevented from contacting children through their employment.
(2) The object is to be achieved by:
(a) prohibiting such individuals from being engaged in child-related employment; and
(b) imposing related obligations on people:
(i) who are engaged in child-related employment; or
(ii) who engage others in child-related employment.
185 Child-related employment
(1) A person is engaged in child-related employment if the person is engaged to perform child-related work.
(2) Child-related work is any work that involves or may potentially involve contact with children in connection with any of the following:
(a) child protection services provided by or for the Department;
(b) an education and care service operated under the
Education and Care Services National Law (NT) ;(c) an educational facility for children, including a government school established under the
Education Act 2015 and a school registered under Part 7 of that Act, other than a facility prescribed by regulation;(d) juvenile detention centres;
(e) refuges or other residential facilities used by children;
(f) wards of hospitals or any other facilities for health services in which children are ordinarily patients;
(g) clubs, associations or movements (including those that are of a cultural, recreational or sporting nature) with significant child membership or involvement;
(h) religious organisations;
(i) babysitting or childminding services;
(j) fostering of children;
(k) transportation services for children;
(l) private tuition services for children;
(m) counselling or other support services for children;
(n) overnight camps for children;
(o) road crossing services for school children;
(p) any of the following services, activities or facilities that are provided or arranged for children:
(i) gym or play facilities;
(ii) photographic services;
(iii) talent or beauty competitions;
(iv) entertainment or party services;
(q) any other services, activities or facilities prescribed by regulation.
(3) A person may be engaged in child-related employment under a contract of employment or any other contract or arrangement (whether written or unwritten and whether for a reward or not).
(4) Anyone who enters into such a contract or arrangement for a person or body to perform child-related work must be regarded as someone who engages the person or body in child-related employment.
(5) Without limiting subsections (1) to (4), any of the following is a person engaged in child-related employment:
(a) anyone performing child-related work:
(i) as a minister of religion or as part of a religious vocation; or
(ii) as a student for the practical training of an educational or vocational course; or
(iii) as a voluntary worker;
(b) if a body is engaged to perform child-related work, any of the following:
(i) for a body corporate as defined in the Corporations Act 2001 – an officer of the body corporate as defined in that Act;
(ii) for any other body corporate – anyone (however described) who takes part in the management of the body corporate;
(iii) for any unincorporated body or association – a member of the committee of management (however described) of the body or association;
(c) if a partnership is engaged to perform child-related work – a partner in the partnership.
186 Person exempt from operation of Part Despite section 185, an individual is not engaged in child-related employment if:
(a) the individual:
(i) is engaged as a voluntary worker in a capacity covered by section 185(2)(b), (c) or (g) (other than for work requiring overnight stay); and
(ii) is a parent of at least one of the children with whom the individual may have contact as such a worker; and
(iii) performs work as such a worker under the direct supervision of someone who holds a clearance notice that is in force; and
(iv) is not required by the person who engages the individual as such a worker to hold a clearance notice; or
(b) the individual is less than 15 years of age; or
(c) the individual:
(i) is not a resident of the Territory; and
(ii) is engaged as a voluntary worker to perform child-related work; and
(iii) is so engaged for a total period that does not exceed the limit prescribed by regulation; or
(d) the individual is exempt under the regulations.
187 Obligations for child-related (1) An individual engaged in child-related employment must hold a clearance notice that is in force.
(2) A person must not engage an individual in child-related employment unless the individual holds a clearance notice that is in force.
(3) A person must not contravene subsection (1) or (2).
Maximum penalty: 500 penalty units.
(4) An individual and someone (the
employer ) who engages or proposes to engage the individual in child-related employment are not required to comply with subsections (1) and (2) for the engagement if:(a) an application for a clearance notice for the individual has been made but the Authority has not decided the application; and
(b) a period of exemption specified by the CEO for the individual and employer has not expired.
(5) The CEO may specify the period only if:
(a) the employer:
(i) has applied to the CEO for the exemption in the approved form; and
(ii) has given any additional information for the application requested by the CEO; and
(b) the CEO considers it appropriate to grant the exemption having regard to the circumstances of the engagement (including any practice of the employer to safeguard the children concerned).
(6) The period may be extended by the CEO as the CEO considers appropriate.
(1) Any of the following may apply to the Authority for the issue of a clearance notice to an individual (the
candidate ):(a) the candidate;
(b) a person who engages, or proposes to engage, the candidate in child-related employment.
(2) The application must be:
(a) in the approved form; and
(b) accompanied by any proof of the identity of the candidate required by regulation; and
(c) accompanied by a statement of the candidate that:
(i) if the applicant is not the candidate – authorises the making of the application; and
(ii) authorises the Commissioner of Police and anyone prescribed by regulation to give information about the candidate to the Authority.
(3) The candidate must give the Authority any additional information for the application requested by the Authority.
(1) If the candidate has been convicted of an offence, or has a criminal history, that is prescribed by regulation, the Authority:
(a) must not issue a clearance notice to the candidate; and
(b) must, as soon as practicable, give notice of the Authority’s decision to the candidate and the applicant for the clearance notice (if the applicant is not the candidate).
(2) If subsection (1) does not apply, the Authority must, having regard to the administrative guidelines, decide whether the candidate poses an unacceptable risk of harm or exploitation to children.
(3) If the Authority decides the candidate does not pose such a risk, the Authority:
(a) must issue a clearance notice to the candidate; and
(b) must, as soon as practicable, give notice of the Authority’s decision to the candidate and applicant.
(4) If the Authority decides the candidate poses such a risk, the Authority:
(a) must not issue a clearance notice to the candidate; and
(b) must, as soon as practicable, give notice of the Authority’s decision to the candidate and applicant.
(5) A notice of the Authority’s decision must:
(a) be in the approved form; and
(b) be accompanied by the reasons for the decision; and
(c) for a decision under subsection (1) or (4), state:
(i) that the candidate and applicant are entitled to apply for a review of the decision under section 194; and
(ii) the time within which the application may be made.
(6) Without limiting subsection (1), the regulations may prescribe for the subsection an offence that is a sexual offence.
(1) Despite any law of the Territory:
(a) for the purpose of determining an application under section 188, the Commissioner of Police, the CEO and any other person may give the Authority any information held by them about any of the following:
(i) the candidate’s engagement with the Agency under this Act;
(ii) any order imposed on the candidate by a court under this Act, the
Domestic and Family Violence Act 2007 or thePersonal Violence Restraining Orders Act 2016 ;(iii) the candidate’s criminal history; and
(b) the Authority may collect and maintain the information.
(2) A person acting in good faith in giving the information is not civilly or criminally liable, or in breach of any professional code of conduct, for giving the information.
(3) If a charge or conviction is expunged under the
Expungement of Historical Homosexual Offence Records Act 2018 :(a) the person is to be treated under this Act as if the person had never committed or been charged with, prosecuted for, convicted of or sentenced for the offence; and
(b) subsections (1) and (2) do not apply in respect of the expunged charge or conviction.
191 Administrative guidelines (1) The CEO may make administrative guidelines for the making of a decision by the Authority.
(2) Without limiting subsection (1), the guidelines may provide for:
(a) matters the Authority must take into account in making the decision; and
(b) how those matters may be taken into account.
(3) Without limiting subsection (2), the guidelines may provide for one or more of the following to be taken into account in deciding whether or not to issue a clearance notice to a person:
(a) the whole of the person’s criminal history;
(b) in relation to any offence the person has committed:
(i) the nature and gravity of the offence; and
(ii) the relevance of the offence to any child-related employment; and
(iii) the age of the victim when the offence was committed; and
(iv) the time that has elapsed since the commission of the offence;
(c) in relation to any alleged commission of an offence by the person – the risk of harm or exploitation to children posed by the person in view of the allegation and other related circumstances (including any patterns of the person’s behaviour);
(d) any other matters the Authority may reasonably take into account in the circumstances.
(4) The CEO must, by
Gazette notice, notify the making of the guidelines.
(1) A clearance notice ceases to be in force:
(a) at the end of 2 years, or a longer period specified by regulation, after the notice is issued; or
(b) if it is revoked at an earlier time – at that time.
(2) The Authority may revoke the notice if:
(a) the Authority becomes aware of any information that:
(i) was not available to the Authority when the notice was issued; and
(ii) would have resulted in a decision not to issue the notice if it had been available to the Authority at that time; or
(b) the Authority considers the person holding the notice is no longer entitled to be issued the notice because of a change in the person’s circumstances.
(3) If the Authority revokes the notice, the Authority must give notice of the revocation and the reasons for the revocation to:
(a) the person; and
(b) the applicant for the clearance notice (if the applicant was not the person).
(4) The notice of the revocation must state:
(a) that the person and applicant are entitled to apply for a review of the decision under section 194; and
(b) the time within which the application may be made.
(5) In addition, the Authority may give written notice of the revocation to anyone who engages or proposes to engage the person in child-related employment.
(1) A person holding a clearance notice that is in force must, as soon as practicable after a change of circumstances prescribed by regulation has occurred, give written notice of the change to:
(a) the Authority; and
(b) everyone who engages or proposes to engage the person in child-related employment.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(2) After becoming aware of the change (whether because of subsection (1) or not), the Authority may specify conditions for the clearance notice by notice given to the following:
(a) the person;
(b) the applicant for the clearance notice (if the applicant was not the person);
(c) anyone who engages or proposes to engage the person in child-related employment.
(3) The Authority must have regard to the administrative guidelines when giving the notice.
(4) The notice must:
(a) be accompanied by the Authority’s reasons for specifying the conditions; and
(b) state that the person and applicant are entitled to apply for a review of the decision under section 194; and
(c) the time within which the application may be made.
(5) Without limiting subsection (2), the Authority may specify any of the following conditions for the clearance notice under that subsection:
(a) that the person must not be engaged in child-related employment for a specified period;
(b) that the person must not be engaged in a specified class of child-related employment for a specified period;
(c) that the person may be engaged in child-related employment or a specified class of child-related employment only under specified conditions.
(6) A person must not contravene any of the specified conditions.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(7) It is a defence to a prosecution for an offence against subsection (6) if the defendant has a reasonable excuse.
(1) Any of the following decisions about a clearance notice may be reviewed under this section:
(a) a decision under section 189(1) or (4) not to issue the notice;
(b) a decision under section 192(2) to revoke the notice;
(c) a decision under section 193(2) to specify conditions for the notice;
(d) any other decision of the Authority about the notice specified by regulation.
(2) An application for the review may be made by any of the following persons:
(a) for a decision mentioned in subsection (1)(a) – the candidate or the applicant for the notice;
(b) for any other decision – the person holding, or the applicant for, the notice.
(3) The application must be made to the Local Court within 28 working days after the person is notified of the decision.
(4) The application does not affect the operation or implementation of the decision.
(5) However, the Local Court may make another decision staying or otherwise affecting the operation or implementation of so much of the decision as it considers appropriate to effectively decide the application.
(6) A decision made under subsection (5):
(a) is subject to the conditions specified by the Local Court; and
(b) has effect:
(i) for the period specified by the Local Court; and
(ii) if no period is specified by the Local Court – until the application is decided.
(7) The review:
(a) must be conducted as a new hearing; and
(b) is not limited by the material before the Authority.
(8) The Local Court may:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision; or
(d) set aside the decision and replace it by the Local Court’s decision.
(9) The Local Court may make any order about costs.
(1) A person who has acquired information in exercising a power or performing a function under this Part is guilty of an offence if the person:
(a) discloses the information to someone; or
(b) does something that results in disclosing the information to someone and is reckless as to whether doing the thing would result in the disclosure; or
(c) uses the information.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply to:
(a) a disclosure or use of the information by the person in exercising a power or performing a function under this Part; or
(b) a disclosure of the information to a court or tribunal; or
(c) a disclosure or use of the information that is otherwise required or authorised by law.
196 Screening Authority (1) There is to be a Screening Authority.
(2) The Authority consists of one or more members appointed by the Minister.
The regulations may make provision, consistent with this Part, about the following:
(a) any matters relating to a clearance notice;
(b) the appointment of the members of the Authority;
(c) the procedure for the making of a decision by the Authority;
(d) any other matters arising from the operation of this Part.
The objects of this Part are:
(a) to prevent the exploitation of children in their employment; and
(b) to ensure the wellbeing of children who are in employment.
This Part does not affect the operation of section 163 of the
In this Part:
(1) This section applies if:
(a) a child is employed; and
(b) the CEO is of the opinion that:
(i) the child suffers, or is likely to suffer, exploitation because of the employment; or
(ii) the wellbeing of the child is, or is likely to be, jeopardised because of the employment.
(2) The CEO may, by written notice given to a parent of the child:
(a) prohibit the child from being so employed; or
(b) prohibit the child from employment generally; or
(c) prohibit the child from specified types of employment; or
(d) impose specified conditions on the employment of the child (whether generally or in relation to specified types of employment).
(3) A parent of the child must not permit or require the child to be employed in contravention of the notice.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(4) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
(5) The CEO:
(a) must give a copy of the notice to the child; and
(b) may give a copy of the notice to an employer of the child.
(6) An employer of the child who is given a copy of the notice must comply with the notice.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(7) It is a defence to a prosecution for an offence against subsection (6) if the defendant has a reasonable excuse.
(8) The notice must:
(a) be accompanied by the reasons of the CEO’s decision; and
(b) state that a parent of the child is entitled to apply for a review of the decision under section 206 and the time within which the application may be made.
202 Misleading information about child's age (1) This section applies if a person employs, or is considering employing, a child.
(2) A parent of the child:
(a) must not give the person any information about the child’s age that the parent knows to be misleading in a material particular; or
(b) must not permit or require the child to give the person any information that the parent knows to be misleading in a material particular.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(1) An employer of a child is guilty of an offence if:
(a) the employer requires the child to perform any work at any time after 10 pm at night and before 6 am in the morning; and
(b) the child is less than 15 years of age.
Maximum penalty: 400 penalty units.
(2) An employer of a child must not require the child to perform any work that is harmful, or likely to be harmful, to the child’s physical, mental or emotional wellbeing.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(3) An employer of a child must not require the child to perform any work that involves the exploitation of the child.
Maximum penalty: 800 penalty units or imprisonment for 4 years.
(4) A parent of a child is guilty of an offence if:
(a) the parent permits or requires the child to perform any work at any time after 10 pm at night and before 6 am in the morning; and
(b) the child is less than 15 years of age.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(5) A parent of a child must not permit or require the child to perform any work that is harmful, or likely to be harmful, to the child’s physical, mental or emotional wellbeing.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(6) A parent of a child must not permit or require the child to perform any work that involves the exploitation of the child.
Maximum penalty: 800 penalty units or imprisonment for 4 years.
(1) This section applies if an authorised officer reasonably believes that a child is employed at a place.
(1A) For the purposes of monitoring compliance with this Part, the officer may, at any reasonable time, do one or more the following:
(a) enter the place;
(b) inspect the place and any facilities at the place;
(c) require any person at the place to give specified information, or produce specified records, to the officer;
(d) operate any electronic equipment at the place to retrieve information or records;
(e) make extracts or copies of the records produced or retrieved under paragraph (c) or (d).
(2) A person must comply with a requirement given to the person for subsection (1A)(c).
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.
(4) If the officer enters the place without producing the officer’s identity card when requested to do so:
(a) the officer may not stay at the place; and
(b) a person is not required to comply with a requirement given to the person for subsection (1A)(c).
205 Authorised officer may require provision of information (1) An authorised officer may, by written notice, require a person who employs a child to give the officer specified information about the employment.
(2) The person must comply with the requirement within 14 days after receiving the notice.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.
(1) A parent of a child in relation to whom a notice is given by the CEO under section 201(2) may apply for a review of the decision in the notice.
(2) The application must be made to the Local Court within 28 working days after the parent is given the notice.
(3) The application does not affect the operation or implementation of the decision.
(4) However, the Local Court may make another decision staying or otherwise affecting the operation or implementation of so much of the decision as it considers appropriate to effectively decide the application.
(5) A decision under subsection (4):
(a) is subject to the conditions specified by the Local Court; and
(b) has effect:
(i) for the period specified by the Local Court; and
(ii) if no period is specified by the Local Court – until the application is decided.
(6) The review:
(a) must be conducted as a new hearing; and
(b) is not limited by the material before the CEO.
(7) The Local Court may:
(a) affirm the decision; or
(b) vary the decision; or
(c) set aside the decision; or
(d) set aside the decision and replace it by the Local Court’s decision.
(8) The Local Court may make any order about costs.
The object of this Part is to assist in the prevention and reduction of child deaths through:
(a) maintaining a database on child deaths; and
(b) conducting research about child deaths, and diseases and accidents involving children; and
(c) the development of appropriate policy to deal with such deaths, diseases and accidents.
A child death is:
(a) the death of a child who usually resided in the Territory (whether the death occurred in the Territory or not); or
(b) a still-birth as defined in the
Births, Deaths and Marriages Registration Act 1996 that occurred in the Territory.
(1) There is to be a Child Deaths Review and Prevention Committee.
(2) The Committee consists of at least 10 but not more than 16 members.
(3) Each member must be:
(a) someone who has qualifications or experience relating to the functions of the Committee; and
(b) appointed by the Minister in writing for a term not exceeding 2 years.
(4) The Minister must:
(a) appoint one member to be the Convenor of the Committee; and
(b) appoint another member to be the Deputy Convenor of the Committee.
(5) At least 2 members must be Aboriginal persons.
(6) One member must be a deputy coroner nominated by the Territory Coroner for this section.
(7) A member is eligible for re-appointment.
(8) In this section:
deputy coroner means a deputy coroner as defined in theCoroners Act 1993 .Territory Coroner means the Territory Coroner as defined in theCoroners Act 1993 .
The Committee has the following functions:
(a) to establish and maintain the Child Deaths Register;
(b) to conduct or sponsor research into child deaths, diseases and accidents involving children, and other related matters (such as childhood morbidity and mortality), whether alone or with others;
(c) to raise public awareness about a matter mentioned in paragraph (b), including, for example, any of the following:
(i) the death rate of children;
(ii) the causes and nature of child deaths and of diseases and accidents involving children;
(iii) the prevention or reduction of such deaths, diseases and accidents;
(d) to make recommendations about a matter mentioned in paragraph (b);
(e) to monitor the implementation of the recommendations;
(f) to contribute to any national database on child deaths in Australia;
(g) to enter into an arrangement for the sharing of information with anyone in Australia that has functions similar to those of the Committee;
(h) to perform any other functions relating to the object of this Part as the Minister directs.
(1) Any of the following persons must, on the Committee’s request, give specified information to the Committee for any of its functions:
(a) the Commissioner of Police;
(b) the Registrar of Births, Deaths and Marriages;
(c) a coroner;
(d) a service provider for a vulnerable child;
(e) a health practitioner;
(f) a person in charge of a facility for health services in which children are ordinarily patients;
(g) an operator of child-related services;
(h) an approved provider of an education and care service operated under the
Education and Care Services National Law (NT) .
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) It is a defence to a prosecution for an offence against subsection (1) if:
(a) the defendant has a reasonable excuse; or
(b) the Commissioner of Police certifies in writing that compliance with the request would:
(i) prejudice the investigation of any unlawful conduct; or
(ii) disclose a confidential source of information in relation to the administration of law; or
(iii) prejudice the effectiveness of a method or procedure in relation to the administration of law; or
(iv) facilitate a person’s escape from lawful custody; or
(v) endanger the safety of a person.
(3) A person acting in good faith in giving information to the Committee is not civilly or criminally liable, or in breach of any professional code of conduct, for giving the information.
(1) There is to be a Child Deaths Register.
(2) The Register is a database of information concerning child deaths.
(3) Without limiting subsection (2), the Register may include information on:
(a) incidences of child deaths; and
(b) the causes, patterns and trends of child deaths.
213 Annual report (1) At the end of each financial year, the Committee must prepare a report about the operation of the Committee during that year.
(2) The report must contain details about:
(a) the Committee’s activities during that year, including:
(i) the development of the Register during that year; and
(ii) any recommendations made by the Committee during that year; and
(b) the implementation during that year of any recommendations made by the Committee.
(3) The Committee must, by 31 October following the end of that year, give the report to the Minister.
(4) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after receiving the report.
(1) The Committee may prepare reports about research conducted or sponsored by the Committee (whether alone or with others).
(2) The Committee must give the reports to the Minister.
(3) The Minister must table a copy of each of the reports in the Legislative Assembly within 6 sitting days after receiving the report.
(1) The Minister may, on the Convenor’s recommendation, appoint persons to be advisors to the Committee.
(2) The Convenor may only recommend a person who has qualifications or experience relating to:
(a) a function of the Committee; or
(b) health care, child development or protection, or research methodology.
(3) An advisor may be appointed for:
(a) the duration of a project specified in the appointment; or
(b) a term not exceeding 2 years specified in the appointment.
(4) An advisor is eligible, on the recommendation of the Convenor, for re-appointment.
(5) An advisor must assist the Committee in performing the Committee’s functions as specified in the appointment.
(6) Without limiting subsection (5), the appointment may specify that the advisor must conduct specified research.
The Deputy Convenor must act in the office of Convenor if:
(a) the Convenor is unable to exercise the Convenor’s powers or perform the Convenor’s functions; or
(b) the office of Convenor is vacant.
A member or advisor vacates his or her office if:
(a) the term of the appointment of the member or advisor expires; or
(b) the member or advisor resigns the office in writing given to the Minister; or
(c) the appointment is terminated under section 218; or
(d) the member or advisor dies.
(1) The Minister must terminate a person’s appointment as a member or advisor if:
(a) the person contravenes section 221; or
(b) for a person appointed as a member:
(i) the person has been absent (except on leave granted by the Minister) from 3 consecutive meetings of the Committee; or
(ii) the person contravenes section 220.
(2) In addition, the Minister may terminate the appointment:
(a) on the ground of misbehaviour; or
(b) on the ground the person becomes physically or mentally incapable of satisfactorily performing the duties of the appointment.
(3) Furthermore, the appointment is terminated if:
(a) the person:
(i) becomes bankrupt; or
(ii) applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with creditors or makes an assignment of the person’s remuneration for their benefit; or
(b) is found guilty by a court in the Territory of an offence punishable by imprisonment for 12 months or more; or
(c) is found guilty by a court outside the Territory of an offence which, if committed against a law of the Territory, would be an offence punishable by imprisonment for 12 months or more.
(4) A termination under subsection (1) or (2) must be by writing given to the person.
(1) The Committee must meet at least 3 times in each year.
(2) In a meeting of the Committee, the number of members that is equal to half of the members plus one constitutes a quorum.
(3) A meeting of the Committee must be presided by:
(a) the Convenor; or
(b) in the absence of the Convenor – the Deputy Convenor; or
(c) in the absence of both the Convenor and the Deputy Convenor – a member elected by the members present at the meeting.
220 Disclosure of interest (1) A member who has a direct or indirect interest in a matter to be considered by the Committee must disclose the interest to the Committee.
(2) The disclosure must be recorded in the Committee’s minutes.
(3) The member:
(a) must not take Part in any deliberation or decision of the Committee about the matter; and
(b) must be disregarded for the purposes of constituting the quorum of the Committee for the deliberation or decision.
(4) The Committee may decide subsection (3) does not apply to the matter.
(5) However, the decision must be deliberated and voted on in the absence of the member.
(1) A person who has acquired information in exercising a power or performing a function under this Part is guilty of an offence if the person:
(a) discloses the information to someone; or
(b) does something that results in disclosing the information to someone and is reckless as to whether doing the thing would result in the disclosure; or
(c) uses the information.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply to:
(a) a disclosure or use of the information by a person in exercising a power or performing a function under this Part; or
(b) a disclosure or use of the information for any of the following purposes authorised by the Minister:
(i) research relating to the object of this Part;
(ii) an inquiry or investigation conducted by a coroner, the Police Force or another law enforcement agency;
(iii) a purpose specified by regulation; or
(c) a disclosure of the information to a court or tribunal; or
(d) a disclosure or use of the information that is otherwise required or authorised by law.
222 Review of operation of Part (1) The Minister must conduct a review of the operation of this Part within 3 years after the commencement of this Part.
(2) The review must determine:
(a) the extent to which the operation of this Part has met the object of this Part; and
(b) whether or not any amendment to this Part should be made.
Chapter 5 Administration
(1) The object of this Part is to ensure the safety and wellbeing of children by enabling the CEO to enter into data access agreements with other parties to facilitate timely access to information about children.
(2) In achieving that object, the safety and wellbeing of children is the paramount concern and it is the underlying principle of this Part that ensuring the safety and wellbeing of children takes precedence over the protection of an individual’s privacy.
(3) Anyone exercising a power or performing a function under this Part must, as far as practicable, uphold the principle.
(1) This Part does not affect the ability of the CEO or a data provider to share information under another provision of this Act.
(2) This Part has effect despite the operation of any other law of the Territory that prohibits or restricts the disclosure of information.
(1) In this Part:
data means any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analysed or processed (whether by an individual or by a computer or other automated means).data access agreement means an agreement approved by the Minister under section 229.data provider means a person who provides data to the Agency under a data access agreement.Information Commissioner means the person appointed under section 85 of theInformation Act 2002 .(2) For this Part, a person or body
owns data if the person or body:(a) has possession or custody of the data; or
(b) has the data in the possession or custody of some other person or body.
226 Preparation of draft data access agreement (1) The CEO may prepare a draft data access agreement between the Agency and one or more other Agencies, a Commonwealth agency or an operator of child-related services.
(2) The parties to the data access agreement must be satisfied that the sharing of information under the agreement:
(a) is reasonably necessary to achieve the objects of this Act; and
(b) is likely to enable the Agency to detect, investigate, manage or otherwise respond to matters related to the safety and wellbeing of children; and
(c) is likely to substantially contribute to the Agency’s capacity to improve outcomes for child safety and wellbeing, including by improving the efficiency with which information can be accessed to guide decisions and actions regarding child safety and wellbeing.
(3) The data access agreement must include the information mentioned in section 227.
(4) In preparing a draft data access agreement, the CEO must consult with the Information Commissioner.
(1) A data access agreement must include the following information:
(a) a detailed description of the data that the data provider will give to the CEO;
(b) how the data will be accessed, used, interpreted, linked and secured;
(c) the categories of users who may access the data and any conditions upon their access;
(d) any restrictions on the access, use or interpretation of the data;
(e) what happens if a data provider no longer owns the data it is required to share under the agreement;
(f) what happens if a party breaches the agreement;
(g) the period for which the agreement is in force;
(h) how the agreement may be terminated.
(2) A data access agreement may permit the CEO, or a user authorised under the terms of a data access agreement, to only access, use, interpret or link data obtained under an agreement for the purpose of exercising powers or performing functions under this Act.
(3) A data access agreement must make provision for the agreement to be reviewed at least once every 5 years to ensure the sharing of information under the agreement meets the criteria in section 226(2).
(4) A data access agreement may include other conditions the parties to the agreement consider appropriate.
(1) After preparing the draft data access agreement, the CEO must publish a notice in the
Gazette stating the following:(a) that the draft data access agreement has been prepared;
(b) where copies of the draft data access agreement may be obtained;
(c) that interested persons may make submissions about the draft data access agreement on or before the date specified in the notice, which must be at least 30 days after the date on which the notice is published;
(d) the address to which submissions may be sent or delivered.
(2) The CEO must consider any submissions received in relation to the draft data access agreement and, as a result, may modify the draft agreement as the parties to the agreement consider appropriate.
(3) After complying with subsection (2), the CEO may forward the draft data access agreement to the Minister.
(1) The Minister may approve the data access agreement if the Minister is satisfied the CEO has complied with sections 226(4) and 228.
(2) The data access agreement takes effect on the later of:
(a) the date the Minister approves the agreement; or
(b) another date specified in the Minister’s approval.
230 Publication As soon as practicable after a data access agreement is approved by the Minister, the CEO must make a copy of the agreement available to the public on the Agency’s website.
(1) The parties to a data access agreement may amend the agreement.
(2) Sections 226 to 230 apply in relation to the amendment of a data access agreement, unless the Minister determines that the amendment is of a minor or technical matter, in which case only section 230 applies in relation to the amended agreement.
(1) The CEO must not use or disclose data obtained under a data access agreement unless the use or disclosure is permitted under the data access agreement.
(2) Despite the terms of any data access agreement, the CEO may disclose data obtained under a data access agreement if the disclosure is required or authorised by law.
(3) Despite the terms of a data access agreement, a data provider may refuse to give the CEO data under the agreement if:
(a) the data provider reasonably believes that giving the data could:
(i) prejudice the investigation of a contravention (or possible contravention) of a law in force in the Territory; or
(ii) prejudice a coronial inquest or inquiry; or
(iii) prejudice any proceedings in a court or tribunal; or
(iv) contravene any legal professional or client legal privilege; or
(v) enable the existence or identity of a confidential source of information in relation to the enforcement or administration of a law to be ascertained; or
(vi) endanger a person’s life or physical safety; or
(vii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law in force in the Territory; or
(b) a circumstance prescribed by regulation exists in relation to the data.
(4) The data provider must give the CEO written reasons for refusing to give data under subsection (3).
The Information Commissioner must review the operation of this Part as soon as possible after 5 years after the date on which the Minister approves the first data access agreement under this Part.
(1) The object of this Part is to ensure the safety and wellbeing of children by enabling particular persons and bodies having responsibilities for a child to request or give particular information about the child.
(2) In achieving that object, the safety and wellbeing of the child is the paramount concern and it is the underlying principle of this Part that ensuring the safety and wellbeing of children takes precedence over the protection of an individual’s privacy needs.
(3) Anyone exercising a power or performing a function under this Part must, as far as practicable, uphold the principle.
(1) For this Part,
information about a child is any information that relates to the safety or wellbeing of the child.(2) Without limiting subsection (1),
information about a child includes information about a person other than the child (for example, a family member of the child) that directly or indirectly relates to the safety or wellbeing of the child.(3) For this Part, information may be about a child or a group of children.
(4) Information about a child who is deceased may be given, received or shared under this Part.
(1) For this Part, each of the following is an
information sharing authority :(a) the CEO;
(b) a person who, as the Chief Executive Officer of an Agency or a public sector employee, is acting under a law of the Territory in relation to a child;
(c) a carer who is acting under this Act in relation to a child;
(d) an approved provider of an education and care service operated under the
Education and Care Services National Law (NT) who provides, or is required to provide, services in relation to a child;(e) a person in charge of an organisation that receives funding from the Commonwealth or Territory to provide a service, or perform a function, for or in connection with children;
(f) a person in charge of an organisation that receives funding from the Territory under an agreement to provide drug or alcohol treatment;
(g) a person employed or engaged (for a fee) by an organisation mentioned in paragraph (e) or (f) in relation to providing the service or treatment, or performing the function, mentioned in that paragraph;
(h) the principal, as defined in section 5 of the
Education Act 2015 , of:(i) a government school declared under that Act; or
(ii) a non-government school registered under that Act;
(i) a teacher registered under the
Teacher Registration (Northern Territory) Act 2004 ;(j) a person in charge of:
(i) a hospital as defined in section 5 of the
Medical Services Act 1982 ; or(ii) a private hospital as defined in section 4A of the
Private Hospitals Act 1981 ;
(k) a person in charge of an approved treatment facility as defined in section 4 of the
Mental Health and Related Services Act 1998 ;(l) a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);
(m) a provider of services as defined in section 2(1) of the
Disability Services Act 1993 ;(n) a lawyer;
(o) a police officer;
(p) the person in charge of an organisation approved under subsection (1A).
(1A) The CEO may, by
Gazette notice, approve an organisation that provides a service or performs a function for or in connection with children if the CEO is satisfied that:(a) it is appropriate for the person in charge of the organisation to give and receive information under this Part; and
(b) the organisation has the capacity to meet the obligations of an information sharing authority under this Part.
(2) The regulations may specify that a person who would otherwise be an information sharing authority under subsection (1) is not an information sharing authority.
(1) An information sharing authority (the
provider ) may give any information about a child, or a group of children, to another information sharing authority (therecipient ).(2) The provider may do so only if:
(a) the provider specifies the child or group of children when giving the information; and
(b) no request for the information has been made by the recipient to the provider under section 293E; and
(c) the provider reasonably believes that the information may assist the recipient to do any of the following that relates to the safety or wellbeing of the child or children:
(i) make or contribute to a decision, assessment or plan;
(ii) monitor any plan;
(iii) initiate or conduct an investigation;
(iv) identify, assess, prevent or manage any risk of harm;
(v) arrange, provide or review a service;
(vi) perform a function under this Act.
293E Giving information on request
(1) An information sharing authority (the
requesting authority ) may request another information sharing authority (therequested authority ) to give to the requesting authority specified information (therequested information ):(a) held by the requested authority; and
(b) that is information about a child, or a group of children, that is specified in the request.
(2) The requesting authority may do so only if the requesting authority reasonably believes that the requested information may assist the requesting authority to do any of the following that relates to the safety or wellbeing of the child or children:
(a) make or contribute to a decision, assessment or plan;
(b) monitor any plan;
(c) initiate or conduct an investigation;
(d) identify, assess, prevent or manage any risk of harm;
(e) arrange, provide or review a service;
(f) perform a function under this Act.
(3) Subject to subsection (5), the requested authority must:
(a) give so much of the requested information to the requesting authority as the requested authority reasonably believes may assist the requesting authority to do a thing mentioned in subsection (2) that relates to the safety or wellbeing of the child or children; and
(b) refuse to give any requested information in relation to which the requested authority does not hold that belief.
(4) For the purposes of forming the belief mentioned in subsection (3)(a):
(a) the requested authority may ask the requesting authority to give the requested authority further information about the request; and
(b) the requesting authority may give the further information.
(5) Despite subsection (3), the requested authority may refuse to give the requesting authority so much of the requested information as is covered by any of the following:
(a) the requested authority reasonably believes that giving the information could:
(i) prejudice the investigation of a contravention (or possible contravention) of a law in force in the Territory; or
(ii) prejudice a coronial inquest or inquiry; or
(iii) prejudice any proceedings in a court or tribunal; or
(iv) contravene any legal professional or client legal privilege; or
(v) enable the existence or identity of a confidential source of information in relation to the enforcement or administration of a law to be ascertained; or
(vi) endanger a person’s life or physical safety; or
(vii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law in force in the Territory;
(b) a circumstance prescribed by regulation exists in relation to the information.
(6) The requested authority must give the requesting authority written reasons for refusing to give any or all of the requested information.
A person acting in good faith in giving information under this Part is not civilly or criminally liable, or in breach of any professional code of conduct, for giving the information.
(1) An information sharing authority given information under this Part must not use or disclose the information for any purpose not related to the safety or wellbeing of a child to whom the information relates.
(2) To avoid doubt, a reference in subsection (1) to a child includes a reference to a child other than the child, or a member of a group of children, for whom the information is given under this Part.
(3) Subsection (1) has effect except as otherwise provided by another law in force in the Territory.
(1) The CEO must make administrative guidelines for the operation of this Part.
(2) Without limiting subsection (1), the CEO must, within 28 working days after the commencement of this section, make administrative guidelines providing for the following:
(a) a matter that may be taken into account in forming the belief mentioned in section 293D(2)(c) or 293E(2) or (3)(a);
(b) circumstances in which an information sharing authority should consider obtaining the consent of a person before giving information about the person under this Part.
(3) The CEO must publish administrative guidelines made under this section in a way decided by the CEO (including, for example, on the Internet) as soon as practicable after making them.
(1) This Part has effect despite the operation of any other law of the Territory that prohibits or restricts the disclosure of information.
(2) This Part does not affect the operation of any other provision in this Act that relates to giving information about a child.
Example for subsection (2)
This Part does not affect the operation of section 34.
(1) Information sharing authorities must take reasonable steps to ensure the cooperative, coordinated and efficient provision of information between information sharing authorities under this Part.
(2) An operator of child-related services that is, or employs a person who is, an information sharing authority must ensure everyone providing services for a child under the operator’s control or direction is aware of the information sharing authority’s obligations under this Part.
In this Part:
(1) The Child Wellbeing and Safety Partnership Framework is established.
(2) The purposes of the Framework are:
(a) to ensure the Northern Territory Government and service organisations are providing a coordinated response to the risks to the safety and wellbeing of children; and
(b) to strengthen how the Northern Territory Government, service organisations and community leaders work together alongside families; and
(c) to make the Northern Territory Government and service organisations accountable for partnering with community leaders to ensure children and families are safe and thriving.
293N Framework principles The Framework must operate under the following principles:
(a) the best interests of the child are the paramount concern;
(b) the human rights of children and families must be upheld and respected;
(c) decisions affecting Aboriginal people must be made in a manner that, as far as practicable, upholds the principles of section 12;
(d) Aboriginal world views must be incorporated into the Framework;
(e) the views of children and families must be taken into account when decisions affecting them are made;
(f) the diversity of communities is valued so that the operation of the Framework is culturally relevant;
(g) responsibility and accountability for the safety and wellbeing of children and families is shared between families, communities, service organisations and the Northern Territory Government;
(h) the Northern Territory Government must exercise its responsibility mentioned in paragraph (g) in a transparent way;
(i) the Framework should operate in a way that is healing focussed and trauma informed;
(j) the Framework should seek to build on the strengths of individual families and communities;
(k) any risk of domestic violence affecting children or families must be managed in a way that is consistent with the framework for family violence risk assessment and family violence risk management approved under section 124Q of the
Domestic and Family Violence Act 2007 .
293P Operating policy of Framework (1) The CEO must prepare a written policy detailing the operation of the Framework.
(2) The policy must:
(a) reflect the principles set out in section 293N; and
(b) provide for the establishment of an oversight group to monitor the operation of the Framework; and
(c) address the following in the relation to the oversight group:
(i) membership of the group, which must include adequate representation of Aboriginal communities and Aboriginal community-controlled organisations;
(ii) the role and responsibilities of the group in monitoring the operation of the Framework; and
(d) provide for the establishment of Child Wellbeing and Safety Teams in communities; and
(e) address the following in relation to the Child Wellbeing and Safety Teams:
(i) the operation of the Teams in communities;
(ii) the role and responsibilities of the Teams in developing a coordinated response to risks to the safety and wellbeing of children and their families in a community or communities including through:
(A) the facilitation of community leadership meetings in communities; and
(B) the facilitation of meetings between Agencies and service organisations; and
(f) address any other matter the CEO considers relevant.
(3) In preparing the policy, the CEO must consult with the following in relation to the operation of the Framework:
(a) service organisations;
(b) communities in which Child Wellbeing and Safety Teams will operate under the policy;
(c) Aboriginal community-controlled organisations.
(4) The CEO may, in consultation with the oversight group established under the policy, amend the policy.
(5) The CEO must publish the policy, as amended from time to time, on the Agency’s website.
(1) The Minister must appoint a qualified person to do the following:
(a) undertake an independent review of the effectiveness of the Framework and the extent to which the purposes of the Framework mentioned in section 293M(2) are being achieved;
(b) prepare a report of the review;
(c) give the Minister the report within 12 months after the appointment.
(2) The appointment must be made as soon as practicable after the third anniversary of the commencement of this Part.
(3) In making the appointment, the Minister must give preference to an Aboriginal person.
(4) In this section:
qualified person means a person who, in the Minister’s opinion, possesses the appropriate qualifications and experience to undertake the independent review mentioned in subsection (1)(a).
(1) As part of the review mentioned in section 293Q, the person appointed to undertake the review must consult with the following:
(a) the oversight group;
(b) the Agencies and organisations represented by members of the oversight group;
(c) service organisations;
(d) Aboriginal community-controlled organisations.
(2) Before finalising the report of the review, the person must give any Agency, organisation or person who will be the subject of adverse comment in the report a reasonable opportunity to comment on the review findings before the report is given to the Minister.
(3) The report of the review must:
(a) give an assessment of the extent to which Agencies and service organisations:
(i) are cooperating in ensuring there is a coordinated response to the risks to the safety and wellbeing of children; and
(ii) are sharing information in relation to the safety and wellbeing of children consistent with Part 5.1A and any other legislative requirements; and
(b) identify any Agencies or service organisations that are not:
(i) cooperating in ensuring there is a coordinated response to the risks to the safety and wellbeing of children; or
(ii) complying with Part 5.1A or other legislative requirements in relation to information sharing; and
(c) identify any recommended changes to the Framework or its operation; and
(d) incorporate any comments on the review findings received under subsection (2); and
(e) address any other matter requested by the oversight group or CEO.
(4) In this section:
oversight group means the oversight group established under the policy prepared under section 293P.
The Minister must table a copy of the report of a review mentioned in section 293Q in the Legislative Assembly within 6 sitting days after receiving the report.
The object of this Part is to ensure:
(a) the operation of Chapter 2 is consistent with the objects and underlying principles of this Act; and
(b) services provided for Chapter 2 are of a high standard.
(1) The CEO may establish review teams by
Gazette notice.(2) A team:
(a) consists of members appointed by the CEO; and
(b) must have at least 3 members.
(3) A team member must represent at least one of the following:
(a) the Police Force;
(b) an Agency having responsibility relating to health, education, housing, family or children;
(c) an organisation promoting any of the following:
(i) the wellbeing of children;
(ii) the interests of people with disabilities;
(iii) the interests of Aboriginal people;
(iv) multiculturalism.
296 Functions of team
A team has one or more of the following functions as specified in the
Gazette notice:(a) to conduct a review and make recommendations about any of the following (a
Chapter 2 matter ):(i) the operation of specified provisions of Chapter 2 (whether generally or in relation to a specified locality);
(ii) the provision of specified services in connection with that operation;
(b) to conduct a review of the implementation of the recommendations;
(c) to perform any other specified function in relation to a Chapter 2 matter.
297 Reports of team (1) A team must, as soon as practicable after each of its meetings:
(a) give the CEO a report of its current operation; and
(b) give the Commissioner a copy of the report.
(2) The CEO must, as soon as practicable after the end of a financial year:
(a) give the Minister an annual report about the operation of all the teams during that year; and
(b) give the Commissioner a copy of the report.
298 Regulations The regulations may make provision, consistent with this Part, about the following:
(a) the nomination of candidates for the appointment of team members;
(b) the making of operational guidelines for a team;
(c) functions of a team;
(d) meetings of a team;
(e) any other matters relating to a team.
Part 5.3 General offences
(1) A person must not obstruct a person:
(a) in exercising or attempting to exercise a power under this Act; or
(b) in performing or attempting to perform a function under this Act.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) In this section:
obstruct includes resist and hinder.
A person must not falsely represent, by words or conduct, that the person or someone else is an authorised officer.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(1) A person must not publish any material that may identify someone who is a child:
(a) in the CEO’s care; or
(b) for whom:
(i) an application for a temporary protection order, assessment order, protection order or permanent care order has been made; or
(ii) such an order is in force; or
(c) involved (whether as a victim or not) in a sexual offence or alleged to have been so involved in a sexual offence.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply if the publication is permitted or authorised under this Act or any other law in force in the Territory.
(1) The CEO:
(a) must approve forms for a provision in this Act if the provision requires a document to be made in the approved form; and
(b) may approve forms for any other document required for this Act.
(2) If a form is approved for a document under subsection (1)(b), the document must be made in the approved form.
(3) An approved form for a document must be consistent with any other requirements specified for the document in this Act.
The CEO may, in writing, delegate any of the CEO’s powers and functions to a person who is:
(a) an authorised officer; or
(b) a public sector employee.
(1) An authorised officer is:
(a) a person appointed by the CEO as an authorised officer; or
(b) a police officer.
(2) An authorised officer appointed under subsection (1)(a) has the powers and functions of an authorised officer under this Act as specified in the appointment.
(3) A police officer has the powers and functions of an authorised officer under sections 35(3), 37, 38, 52, 56 to 64, 84, 85 and 108.
Note
A police officer may exercise certain powers under this Act as a police officer and not as an authorised officer, see, for example, sections 33 and 36.
(1) This section applies to a person who:
(a) is an authorised officer; but
(b) is not a police officer.
(2) The CEO must issue an identity card to the officer.
(3) The card must:
(a) specify the officer’s name and office; and
(b) specify the officer’s powers and functions; and
(c) contain:
(i) the signature of the officer; and
(ii) a recent photograph of the officer; and
(iii) the verification of the signature and photograph by the CEO.
(4) The card ceases to be in force when the person ceases to be an authorised officer.
(5) The person must return the card to the CEO within one month after the cessation.
Maximum penalty: 20 penalty units.
(1) A person must not, for the purposes of this Act, give someone (the
recipient ) a document that contains information the person knows to be misleading in a material particular.Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) However, subsection (1) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the recipient’s attention; and
(b) to the extent the person can reasonably do so – gives the recipient the information necessary to correct the document.
307 Misleading information A person must not, for the purposes of this Act, give someone any information that the person knows to be misleading in a material particular.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(1) A person commits an offence if:
(a) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and
(b) the information is confidential and the person is reckless in relation to that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the disclosure is not:
(i) required or authorised under an Act; or
(ii) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or
(iii) to a person who is otherwise entitled to the information; and
(e) the person is reckless in relation to the result and circumstance referred to in paragraph (d).
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Strict liability applies to subsection (1)(a).
(3) If the information referred to in subsection (1) relates to one or more persons, it is a defence to a prosecution for an offence against that subsection if each person to whom the information relates has consented to the disclosure of the information.
Note for subsection (3)
In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
(1) The CEO may authorise the disclosure of confidential information to a person if:
(a) the CEO believes on reasonable grounds that the disclosure of information is in the public interest; or
(b) the person to whom the information relates is not identified and their identity cannot be reasonably ascertained and the information is to be used for research purposes; or
(c) the CEO is satisfied on reasonable grounds that it is necessary to disclose the information for the safety or wellbeing of a child or children.
(2) The CEO may authorise the disclosure to the Australian Institute of Criminology established under the
Criminology Research Act 1971 (Cth) of confidential information that is reasonably required for the purpose of the program monitoring national deaths in custody.
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith:
(a) in the exercise or purported exercise of a power as an authorised officer under this Act; or
(b) in the performance or purported performance of a function as an authorised officer under this Act.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(1) The Administrator may make regulations under this Act.
(2) The regulations may:
(a) prescribe fees payable under this Act; and
(b) apply, adopt or incorporate (with or without changes) a matter contained in another instrument as in force or existing at a particular time or from time to time; and
(c) prescribe a fine not exceeding 200 penalty units for an offence against the regulations; and
(d) provide for the enforcement of a code of practice, including by providing that a contravention of the code is an offence against the regulations; and
(e) provide for an offence against the regulations to be an offence of strict liability.
Part 5.5 Repeals and transitional matters for Care and Protection of Children Act 2007
The Acts specified in the Schedule are repealed.
In this Division:
An arrangement in force under section 8 of the Welfare Act immediately before the commencement has effect for the remainder of its term as if:
(a) it had been made by the CEO under section 44(1) of this Act; and
(b) it had complied with section 44(2) of this Act.
(1) An investigation under section 13 of the Welfare Act started before the commencement may continue as if it were an investigation under section 36 of this Act.
(2) An investigation under section 16 of the Welfare Act started before the commencement may continue as if it were an investigation under section 35 of this Act.
An agreement in force under section 62 of the Welfare Act immediately before the commencement has effect for the remainder of its term as if it were a temporary placement arrangement under section 46 of this Act.
A person who was a registered foster parent under section 63 of the Welfare Act immediately before the commencement is taken to have been approved, for the remainder of the term of the registration, as a carer under section 78(1)(a)(iii) of this Act.
An agreement in force under section 64 of the Welfare Act immediately before the commencement has effect for the remainder of its term as if it were a placement arrangement under section 78 of this Act.
(1) This section applies to a child if:
(a) a person:
(i) had taken the child into custody under section 11 of the Welfare Act; or
(ii) had detained the child in a hospital under section 15 of the Welfare Act; and
(b) the child was so in custody or detained immediately before the commencement.
(2) The person must notify the CEO about the custody or detention as soon as possible after the commencement.
(3) On and after the commencement, the child is taken to have been taken into provisional protection under section 51 of this Act.
(4) For subsection (3):
(a) the provisional protection is taken to be for a period of 72 hours starting from the start of the custody or detention; and
(b) anything done for the child for the custody or detention is taken to have been done for the provisional protection.
Example
If the child has been detained for 24 hours immediately before the commencement, the CEO must, subject to any other provisions of this Act, return the child to a parent of the child within 48 hours after the commencement.
(5) Compliance with subsection (2) is taken to be compliance with:
(a) section 52(4) of this Act; and
(b) section 11(5) of the Welfare Act.
319 Transfer of proceedings (1) The following must be transferred to the family matters jurisdiction of the Local Court after the commencement:
(a) proceedings and records of the Family Matters Court;
(b) proceedings and records of applications under section 11A of the Welfare Act.
(2) The Local Court must deal with the proceedings and records as if:
(a) the Welfare Act had not been repealed; and
(b) for proceedings and records of the Family Matters Court:
(i) the Local Court were the Family Matters Court; and
(ii) an adjournment granted by the Family Matters Court and any related interim order were granted or made by the Local Court in exercising the family matters jurisdiction.
(3) An appeal to the Supreme Court under the Welfare Act that has not been decided before the commencement must be dealt with by the Supreme Court as if the Welfare Act had not been repealed.
(4) However, the application of the Welfare Act under subsections (2) and (3) is subject to the following changes:
(a) if the Minister administering the Welfare Act would otherwise have been given custody of a child because of the application – the CEO must be given daily care and control of the child instead;
(b) if the Minister administering the Welfare Act would otherwise have been given guardianship of a child because of the application – the CEO must be given parental responsibility for the child instead;
(c) if an authorised person would otherwise have powers or functions under the Welfare Act because of the application – an authorised officer has the powers or functions instead.
320 Orders and directions An order or direction in force immediately before the commencement has effect as specified in the following table:
An order or direction made under this provision of the Welfare Act: | has effect as if it were: |
section 11A | a temporary protection order |
section 43(5)(a) | a protection order specifying a supervision direction |
section 43(5)(b) | a protection order specifying a daily care and control direction |
section 43(5)(c) | a protection order specifying a short-term parental responsibility direction |
section 43(5)(d) | a protection order specifying a long-term parental responsibility direction |
section 62G | a decision of the Court under section 159 of this Act |
section 62L | an order of the Court under section 164 of this Act |
section 62Q | an order of the Court under section 169 of this Act |
section 62R | an interim order of the Court under section 170 of this Act |
A decision in force under section 62C of the Welfare Act immediately before the commencement has effect as if it were a decision under section 155 of this Act.
(1) This section applies to a decision or order that:
(a) was an interstate order covered by section 62W(1)(a), (b) and (c) of the Welfare Act immediately before the commencement; and
(b) had not been filed or registered under that section immediately before the commencement.
(2) If the interstate order relates to the transfer of a child protection order:
(a) a copy of the interstate order and child protection order must be filed as if they were covered by section 171(1) of this Act; and
(b) the transfer must be registered under section 173 of this Act.
(3) If the interstate order relates to the transfer of a child protection proceeding:
(a) a copy of the interstate order and each related interim order must be filed under section 172(1) of this Act; and
(b) the transfer must be registered under section 173 of this Act.
(4) A registration for the transfer of a child protection order or proceeding in force under section 62W of the Welfare Act immediately before the commencement has effect as if the transfer had been registered under section 173 of this Act.
(1) A consent for the employment of a child in force under section 92 or 93 of the Welfare Act immediately before the commencement continues until the employment ceases.
(2) While the consent is in force:
(a) the Welfare Act has effect for the consent as if:
(i) that Act had not been repealed; and
(ii) a reference to the Minister in that Act had included a reference to the CEO; and
(b) Part 3.2 of this Act does not apply to the employment.
(3) In this section:
commencement means the commencement of section 311.Welfare Act means theCommunity Welfare Act 1983 as in force immediately before the commencement.
In this Division:
An agreement in force under section 59 of the Welfare Act immediately before the commencement has effect for the remainder of its term as if that Act had not been repealed.
(1) This section applies to a provision in any order or direction of a court or any other instrument:
(a) made under or for the Welfare Act; and
(b) was in force immediately before the commencement.
(2) Except as otherwise provided in this Part, the provision has effect for the remainder of its term as if, in the provision:
(a) a reference to the Minister had included a reference to the CEO; and
(b) a reference to the Family Matters Court had included a reference to the Local Court exercising the family matters jurisdiction; and
(c) a reference to an authorised person had included a reference to an authorised officer; and
(d) a reference to a child in need of care had included a reference to a child in need of protection; and
(e) a reference to a child who is in the care or under the responsibility of the Minister administering the Welfare Act had included a reference to a child who is in the CEO’s care.
332 Section 12 of This Part does not limit the effect of section 12 of the
Interpretation Act 1978 in relation to any matters arising from the repeal of the Welfare Act.
(1) The regulations may make provision about a matter for which:
(a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of the Welfare Act to this Act; and
(b) this Act does not make provision or sufficient provision.
(2) A regulation under subsection (1) must not have effect before:
(a) if the regulation relates to provisions of this Act that commence at different times – the commencement of any of the provisions that first commences; or
(b) otherwise – the commencement of the provisions of this Act to which the regulation relates.
(3) To the extent to which the regulation has retrospective operation, it must not operate to the disadvantage of a person (other than the Territory or a Territory authority) by decreasing the person’s rights or imposing liabilities on the person.
(1) Section 26 as amended by the amending Act applies in relation to an obligation to make a report under that section on or after the commencement, whether the circumstances giving rise to that obligation occurred before, on or after the commencement.
(2) In this section:
amending Act means theCare and Protection of Children Amendment Act 2009 .commencement means the commencement of the amending Act.
Note for Division 2
Part 5.1 was repealed by the Children’s Commissioner Act 2013. This Division deals with Part 5.1 as in force before it was repealed.
(1) Part 5.1 as amended by the amending Act applies to the following:
(a) a matter to which a complaint relates that occurred before the commencement;
(b) a matter to which an investigation relates that occurred before the commencement;
(c) for paragraph (a) or (b), a person who was a vulnerable child before the commencement.
(2) However, subsection (1) has effect subject to section 265 in relation to an investigation of a complaint.
(3) In this section:
amending Act means theCare and Protection of Children (Children’s Commissioner) Amendment Act 2011 .commencement means the commencement of Part 2 of the amending Act.
(1) Part 2.3, Division 6A applies in relation to proceedings commenced after the commencement of section 4 of the
Care and Protection of Children (Legal Representation and Other Matters) Act 2013 (thecommencement date ).(2) Section 146 as in force immediately before the commencement date continues to apply in relation to proceedings that were commenced before the commencement date.
In this Division:
A care plan in force under section 70 immediately before the commencement of section 9 of the amending Act (the
An interim care plan in force under section 76 immediately before the commencement of section 15 of the amending Act (the
(1) Part 2.3, Division 4, Subdivision 1, as amended by the amending Act, applies only in relation to an application for a temporary protection order that is made after the commencement of section 20 of the amending Act (the
commencement ).(2) Part 2.3, Division 4, Subdivision 1, as in force immediately before the commencement, continues to apply in relation to an application for a temporary protection order that was made but had not been decided before the commencement.
(1) Part 2.3, Division 4, Subdivision 3, as amended by the amending Act, applies only in relation to an application for a protection order that is made after the commencement of section 22 of the amending Act (the
commencement ).(2) Part 2.3, Division 4, Subdivision 3, as in force immediately before the commencement, continues to apply in relation to an application for a protection order that was made but had not been decided before the commencement.
(1) Part 2.3, Division 4, Subdivision 4, as amended by the amending Act, applies only in relation to an application for a permanent care order that is made after the commencement of section 30 of the amending Act (the
commencement ).(2) Part 2.3, Division 4, Subdivision 4, as in force immediately before the commencement, continues to apply in relation to an application for a permanent care order that was made but had not been decided before the commencement.
(1) Section 308, as in force before the commencement of section 25 of the
Territory Families Legislation Amendment Act 2021 (thecommencement ), continues to apply in relation to offences committed before the commencement.(2) For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.
section 311
Act No. 76 of 1983 | |
Act No. 70 of 1989 | |
Act No. 54 of 1995 | |
Act No. 6 of 1999 | |
Act No. 61 of 2002 |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 12 December 2007 | |
Commenced | Ch 1 and pts 3.3 and 5.1: 7 May 2008 ( | |
Assent date | 14 November 2008 | |
Commenced | 1 July 2008 (s 2) | |
Assent date | 1 September 2009 | |
Commenced | 1 September 2009 | |
Assent date | 1 September 2009 | |
Commenced | 16 September 2009 ( | |
Assent date | 20 May 2010 | |
Commenced | 1 July 2010 (s 2) | |
Assent date | 18 November 2010 | |
Commenced | 1 March 2011 (s 2, s 2 | |
Assent date | 18 April 2011 | |
Commenced | 1 July 2011 ( | |
Assent date | 20 May 2011 | |
Commenced | 20 May 2011 | |
Assent date | 31 August 2011 | |
Commenced | 21 September 2011 ( | |
Assent date | 21 December 2011 | |
Commenced | 27 January 2012 ((other than amdts to | |
Assent date | 21 December 2011 | |
Commenced | 1 January 2012 ( | |
Assent date | 27 April 2012 | |
Commenced | 1 July 2012 ( | |
Assent date | 22 May 2012 | |
Commenced | 1 July 2012 (s 2) | |
Assent date | 18 December 2013 | |
Commenced | 1 January 2014 ( | |
Assent date | 18 December 2013 | |
Commenced | 1 January 2014 ( | |
Assent date | 20 March 2014 | |
Commenced | 25 June 2014 ( | |
Assent date | 2 June 2014 | |
Commenced | s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014 (s 2) | |
Assent date | 4 September 2014 | |
Commenced | 9 September 2014 ( | |
Assent date | 25 March 2015 | |
Commenced | 1 July 2015 ( | |
Assent date | 10 December 2015 | |
Commenced | pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016; rem: 1 January 2016 (s 2) | |
Assent date | 6 April 2016 | |
Commenced | 1 May 2016 ( | |
Assent date | 10 March 2017 | |
Commenced | 12 April 2017 ( | |
Assent date | 23 May 2018 | |
Commenced | 14 November 2018 ( | |
Assent date | 2 September 2019 | |
Commenced | 2 March 2020 ( | |
Assent date | 19 November 2020 | |
Commenced | 20 November 2020 | |
Assent date | 15 December 2021 | |
Commenced | pt 4: 13 January 2022 ( | |
Assent date | 20 April 2023 | |
Commenced | 21 April 2023 (s 2) | |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
s 5 amd No. 46, 2011, s 19; No. 9, 2012, s 4; No. 33, 2013, s 62
s 4 amd No. 32, 2013, s 19
s 6 amd No. 8, 2023, s 4
s 7 amd No. 25, 2021, s 4
s 8 amd No. 24, 2019, s 4
s 8A ins No. 25, 2021, s 5
s 10 amd No. 24, 2019, s 5
s 10A ins No. 24, 2019, s 6
s 12 amd No. 24, 2019, s 7; No. 8, 2023, s 5
s 12A ins No. 8, 2023, s 6
s 13 amd No. 28, 2008, s 3; No. 18, 2010, s 89; No. 16, 2011, s 19; No. 9, 2011, s 4; No. 46, 2011, s 20; No. 44, 2011, s 27; No. 9, 2012, s 5; No. 17, 2012, s 55; No. 33, 2013, s 63; No. 19, 2014, s 26; No. 3, 2015, s 4; No. 28, 2015, s 195; No. 9, 2016, s 51; No. 25, 2021, s 6; No. 8, 2023, s 7
s 15 amd No. 25, 2021, s 7
s 22 amd No. 32, 2013, s 11
s 23 amd No. 3, 2015, s 5
s 24 amd No. 9, 2011, s 5; No. 33, 2013, s 64
s 26 sub No. 23, 2009, s 3
ss 27 – 29 amd No. 23, 2009, s 6
s 30 amd No. 23, 2009, s 4; No. 46, 2011, s 21
s 31 amd No. 32, 2013, s 19
s 32 amd No. 23, 2009, s 6
s 34 amd No. 9, 2011, s 23; No. 46, 2011, s 22; No. 9, 2012, s 6; No. 25, 2021, s 8
s 37 amd No. 9, 2011, s 6
s 38 amd No. 25, 2021, s 9
s 42 amd No. 24, 2019, s 8
s 43 amd No. 33, 2013, s 65; No. 25, 2021, s 10
s 44 amd No. 46, 2011, s 23
s 51 amd No. 3, 2015, s 6
s 52 amd No. 32, 2013, s 12
s 53 amd No. 3, 2015, s 7
s 57 amd No. 32, 2013, s 13; No. 27, 2014, s 57
s 60 amd No. 44, 2011, s 27; No. 32, 2013, s 14; No. 4, 2017, s 34
s 63 amd No. 32, 2013, s 15; No. 9, 2016, s 52
ch 2
pt 2.2
div 1A hdg ins No. 2, 2014, s 4
s 68A ins No. 2, 2014, s 4
s 70 amd No. 24, 2019, s 9; No. 25, 2021, s 11
s 71 amd No. 24, 2019, s 10
s 72A ins No. 24, 2019, s 11
amd No. 8, 2023, s 8
s 73 amd No. 24, 2019, s 12
s 74 amd No. 24, 2019, s 13; No. 8, 2023, s 9
s 76 amd No. 24, 2019, s 14
ch 2
pt 2.2
div 4A hdg ins No. 32, 2013, s 7
s 83A ins No. 32, 2013, s 7
s 83B ins No. 32, 2013, s 7
amd No. 25, 2021, s 12
s 84 amd No. 32, 2013, s 8
s 84A ins No. 32, 2013, s 9
s 84B ins No. 32, 2013, s 9
amd No. 25, 2021, s 13
ss 84C – 84D ins No. 32, 2013, s 9
s 85 sub No. 32, 2013, s 9
ch 2
pt 2.2
div 5 hdg sub No. 24, 2019, s 15
s 85A ins No. 24, 2019, s 15
s 85B ins No. 25, 2021, s 14
s 86 amd No. 24, 2019, s 16; No. 25, 2021, s 15
s 87 amd No. 9, 2016, s 53
s 88 sub No. 9, 2016, s 54
ch 2
pt 2.3
div 2 hdg sub No. 9, 2016, s 54
s 89 sub No. 9, 2016, s 54
s 90 amd No. 9, 2016, s 55
s 91 amd No. 9, 2016, s 56
s 101 amd No. 8, 2023, s 10
s 103 amd No. 3, 2015, s 8
s 104 amd No. 40, 2010, s 118
s 104A ins No. 24, 2019, s 17
s 106 amd No. 3, 2015, s 9; No. 24, 2019, s 18
s 108 amd No. 32, 2013, s 16
s 109 amd No. 3, 2015, s 10
s 110 amd No. 3, 2015, s 11
s 121 amd No. 24, 2019, s 19
s 122 amd No. 24, 2019, s 20
s 123 amd No. 24, 2019, s 21
s 124 amd No. ,2013, s 19
sub No. 24, 2019, s 22
s 126 amd No. 9, 2012, s 7
s 128 amd No. 24, 2019, s 23
s 129 amd No. 24, 2019, s 24
s 130 amd No. 24, 2019, s 25
s 135 amd No. 32, 2013, s 17
s 137 amd No. 32, 2013, s 19; No. 24, 2019, s 26
ch 2
pt 2.3, div 4
sdiv 4 hdg ins No. 3, 2015, s 12
s 137A ins No. 3, 2015, s 12
s 137B ins No. 3, 2015, s 12
amd No. 24, 2019, s 27
s 137C ins No. 3, 2015, s 12
sub No. 24, 2019, s 28
ss 137D –
137M ins No. 3, 2015, s 12
s 138 amd No. 3, 2015, s 13
s 139 amd No. 3, 2015, s 14; No. 24, 2019, s 29
s 143 amd No. 3, 2015, s 15
ch 2
pt 2.3
div 6A hdg ins No. 32, 2013, s 4
ss 143A –
143E ins No. 32, 2013, s 4
ch 2
pt 2.3
div 6B hdg ins No. 8, 2023, s 11
ss 143F –
143H ins No. 8, 2023, s 11
s 146 rep No. 32, 2013, s 5
s 173 amd No. 9, 2016, s 57
s 175 amd No. 9, 2016, s 58
s 176 amd No. 9, 2016, s 59
s 177 amd No. 25, 2009, s 10
s 179 amd No. 9, 2016, s 60
ch 2
pt 2.5 hdg ins No. 25, 2021, s 16
s 183A ins No. 25, 2021, s 16
ch 2
pt 2.6 hdg ins No. 25, 2021, s 16
s 183B ins No. 25, 2021, s 16
s 185 amd No. 46, 2011, s 24; No. 28, 2015, s 195
s 190 amd No. 8, 2018, s 35; No. 25, 2021, s 17
s 195 amd No. 30, 2011, s 3
s 199 amd No. 28, 2015, s 195; No. 26, 2020, s 3
s 204 amd No. 32, 2013, s 18
s 211 amd No. 9, 2011, s 23; No. 46, 2011, s 25
ch 4 hdg rep No. 46, 2011, s 26
ch 4
pt 4.1 hdg rep No. 46, 2011, s 26
ch 5
pt 5.1 hdg rep No. 33, 2013, s 66
ins No. 25, 2021, s 18
ss 223 – 232 rep No. 46, 2011, s 26
ins No. 25, 2021, s 18
s 233 amd No. 25, 2009, s 10
rep No. 46, 2011, s 26
ins No. 25, 2021, s 18
ch 4
pt 4.2 hdg rep No. 46, 2011, s 26
ch 4
pt 4.3 hdg rep No. 46, 2011, s 26
ss 234 – 240 rep No. 46, 2011, s 26
ch 4
pt 4.4 hdg rep No. 46, 2011, s 26
ss 241 – 246 rep No. 46, 2011, s 26
ch 4
pt 4.5 hdg rep No. 46, 2011, s 26
ss 247 – 250 rep No. 46, 2011, s 26
ch 4
pt 4.6 hdg rep No. 46, 2011, s 26
ss 251 – 253 rep No. 46, 2011, s 26
ch 4
pt 4.7 hdg rep No. 46, 2011, s 26
ss 254 – 256 rep No. 46, 2011, s 26
ch 4
pt 4.8 hdg rep No. 46, 2011, s 26
s 257 rep No. 46, 2011, s 26
ch 5
pt 5.1
div 1 hdg rep No. 33, 2013, s 66
s 258 amd No. 9, 2011, s 7
rep No. 33, 2013, s 66
s 259 rep No. 33, 2013, s 66
ss 260 – 261 sub No. 9, 2011, s 8
rep No. 33, 2013, s 66
s 262 rep No. 33, 2013, s 66
ch 5
pt 5.1
div 2 hdg rep No. 33, 2013, s 66
ch 5
pt 5.1
div 2
sdiv 1 hdg rep No. 33, 2013, s 66
s 263 amd No. 9, 2011, s 23
rep No. 33, 2013, s 66
s 264 amd No. 9, 2011, s 9
rep No. 33, 2013, s 66
s 265 rep No. 33, 2013, s 66
ch 5
pt 5.1
div 2
sdiv 2 hdg rep No. 33, 2013, s 66
s 266 amd No. 9, 2011, s 10
rep No. 33, 2013, s 66
ss 267 – 268 rep No. 33, 2013, s 66
ch 5
pt 5.1
div 2
sdiv 3 hdg rep No. 9, 2011, s 17
ch 5
pt 5.1
div 3 hdg ins No. 9, 2011, s 15
rep No. 33, 2013, s 66
ss 269 – 270 sub No. 9, 2011, s 16
rep No. 33, 2013, s 66
pt 5.1
div 4 hdg ins No. 9, 2011, s 16
rep No. 33, 2013, s 66
s 271 amd No. 40, 2010, s 118
sub No. 9, 2011, s 16
rep No. 33, 2013, s 66
s 272 sub No. 9, 2011, s 16
rep No. 33, 2013, s 66
ch 5
pt 5.1
div 5 hdg ins No. 9, 2011, s 16
rep No. 33, 2013, s 66
s 273 amd No. 9, 2011, s 18
rep No. 33, 2013, s 66
ss 274 – 277 rep No. 32, 2013, s 66
ch 5
pt 5.1
div 6 hdg renum No. 9, 2011, s 11
rep No. 33, 2013, s 66
s 278 amd No. 9, 2011, s 19; No. 44, 2011, s 27
rep No. 33, 2013, s 66
s 279 amd No. 9, 2011, s 20
rep No. 33, 2013, s 66
ch 5
pt 5.1
div 7 hdg renum No. 9, 2011, s 12
rep No. 33, 2013, s 66
ss 280 – 281 amd No. 9, 2011, s 23
rep No. 33, 2013, s 66
s 282 rep No. 33, 2013, s 66
ch 5
pt 5.1
div 8 hdg renum No. 9, 2011, s 13
rep No. 33, 2013, s 66
s 283 amd No. 9, 2011, s 23
rep No. 33, 2013, s 66
s 284 rep No. 33, 2013, s 66
ch 5
pt 5.1
div 9 hdg renum No. 9, 2011, s 14
rep No. 33, 2013, s 66
ss 285 – 290 rep No. 33, 2013, s 66
s 291 amd No. 40, 2010, s 118
rep No. 33, 2013, s 66
ss 292 – 293 rep No. 33, 2013, s 66
ch 5
pt 5.1A hdg ins No. 9, 2012, s 8
ch 5
pt 5.1A
div 1 hdg ins No. 9, 2012, s 8
s 293A ins No. 9, 2012, s 8
amd No. 25, 2021, s 19
s 293B ins No. 9, 2012, s 8
amd No. 25, 2021, s 20
s 293C ins No. 9, 2012, s 8
amd No. 28, 2015, s 195; No. 25, 2021, s 21
ch 5
pt 5.1A
div 2 hdg ins No. 9, 2012, s 8
s 293D ins No. 9, 2012, s 8
amd No. 25, 2021, s 22
s 293E ins No. 9, 2012, s 8
amd No. 25, 2021, s 23
ch 5
pt 5.1A
div 3 hdg ins No. 9, 2012, s 8
ss 293F –
293J ins No. 9, 2012, s 8
s 293K ins No. 25, 2021, s 24
ch 5
pt 5.1B hdg ins No. 8, 2023, s 12
ss 293L –
293S ins No. 8, 2023, s 12
s 299 amd No. 33, 2013, s 67
s 301 amd No. 3, 2015, s 16
s 304 amd No. 32, 2013, s 10
s 308 amd No. 32, 2013, s 19
sub No. 25, 2021, s 25
s 308A ins No. 25, 2021, s 25
ch 5
pt 5.5
div 4 hdg rep No. 46, 2011, s 26
ss 324 – 328 rep No. 46, 2011, s 26
ch 5
pt 5.6 hdg exp No. 37, 2007, s 345
ins No. 23, 2009, s 5
amd No. 9, 2011, s 21
ch 5
pt 5.6
div 1 hdg ins No. 9, 2011, s 21
s 334 exp No. 37, 2007, s 345
ins No. 23, 2009, s 5
ch 5
pt 5.6
div 1 hdg exp No. 37, 2007, s 345
ch 5
pt 5.6
div 2 hdg ins No. 9, 2011, s 22
ch 5
pt 5.6
div 2 note ins No. 33, 2013, s 68
s 335 exp No. 37, 2007, s 345
ins No. 9, 2011, s 22
ch 5
pt 5.6
div 2 hdg exp No. 37, 2007, s 345
ss 336 – 344 exp No. 37, 2007, s 345
ch 5
pt 5.6
div 3 hdg exp No. 37, 2007, s 345
s 345 exp No. 37, 2007, s 345
ch 5
pt 5.6
div 3 hdg ins No. 32, 2013, s 6
s 336 ins No. 32, 2013, s 6
ch 5
pt 5.6
div 4 hdg ins No. 24, 2019, s 30
ss 337 – 342 ins No. 24, 2019, s 30
ch 5
pt 5.6
div 5 hdg ins No. 25, 2021, s 26
s 343 ins No. 25, 2021, s 26
0
0
0