Child Protection Act 1999 (Qld)

Child Protection Act 1999

An Act about the protection of children, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Child Protection Act 1999.

2   Commencement

(1)Section 260 commences on the date of assent.

(2)The remaining provisions commence on a day to be fixed by proclamation.

3   Definitions

(1)The dictionary in schedule 3 defines particular words used in this Act.

(2)Key terms used in this Act are defined in part 3, division 1.

3A   [Repealed]

Part 2    Purposes, principles and administration of Act

Division 1 Purposes of Act and principles for its administration

4   Purposes of Act

The purposes of this Act are—

(a)to provide for the protection of children; and

(b)to promote the safety of children; and

(c)to the extent that it is appropriate, to support families caring for children.

5   Application of principles

(1)This Act is to be administered under the principles stated in this division.

(2)All other principles stated in this Act are subject to the principle stated in section 5A.

5A   Paramount principle

The main principle for administering this Act is that the safety, wellbeing and best interests of a child, both through childhood and for the rest of the child’s life, are paramount.

Example—

If the chief executive is making a decision under this Act about a child where there is a conflict between the child’s safety, wellbeing and best interests (whether immediate or long-term in nature), and the interests of an adult caring for the child, the conflict must be resolved in favour of the child’s safety, wellbeing and best interests.

5B   Other general principles

The following general principles are relevant to making decisions relating to the safety, wellbeing and best interests of a child—

(a)a child has a right to be protected from harm or risk of harm;

(b)a child’s family has the primary responsibility for the child’s upbringing, protection and development;

(c)the preferred way of ensuring a child’s safety and wellbeing is through supporting the child’s family;

(d)if a child does not have a parent who is able and willing to protect the child, the State is responsible for protecting the child;

(e)in protecting a child, the State should only take action that is warranted in the circumstances;

(f)if a child is removed from the child’s family, support should be given to the child and the child’s family for the purpose of allowing the child to return to the child’s family if the return is in the child’s best interests;

(g)if a child does not have a parent able and willing to give the child ongoing protection in the foreseeable future, the child should have long-term alternative care;

(h)if a child is removed from the child’s family, consideration should be given to placing the child, as a first option, in the care of kin;

(i)if a child is removed from the child’s family, the child should be placed with the child’s siblings, to the extent that is possible;

(j)a child should only be placed in the care of a parent or other person who has the capacity and is willing to care for the child (including a parent or other person with capacity to care for the child with assistance or support);

(k)a child should be able to maintain relationships with the child’s parents and kin, if it is appropriate for the child;

(l)a child should be able to know, explore and maintain the child’s identity and values, including their cultural, ethnic and religious identity and values;

(m)a delay in making a decision in relation to a child should be avoided, unless appropriate for the child;

(n)a child has the right to express the child’s views about what is, and is not, in the child’s best interests.

5BA    Principles for achieving permanency for a child

(1)The principles stated in this section are relevant to making decisions about actions to be taken, or orders to be made, under this Act.

(2)For ensuring the wellbeing and best interests of a child, the action or order that should be preferred, having regard to the principles mentioned in sections 5B and 5C, is the action or order that best ensures the child experiences or has—

(a)ongoing positive, trusting and nurturing relationships with persons of significance to the child, including the child’s parents, siblings, extended family members and carers; and

(b)stable living arrangements, with connections to the child’s community, that meet the child’s developmental, educational, emotional, health, intellectual and physical needs; and

Example—

living arrangements that provide for a stable and continuous schooling environment

(c)legal arrangements for the child’s care that provide the child with a sense of permanence and long-term stability, including, for example, a long-term guardianship order, a permanent care order or an adoption order for the child.

Note—

See sections 62 and 64 about the restrictions on the duration or extension of child protection orders granting custody or short-term guardianship.

(3)For this Act, permanency, for a child, means the experience by the child of having the things mentioned in subsection (2)(a) to (c).

(4)For deciding whether an action or order best achieves permanency for a child, the following principles also apply, in order of priority—

(a)the first preference is for the child to be cared for by the child’s family;

(b)the second preference is for the child to be cared for under the guardianship of a person who is a member of the child’s family, other than a parent of the child, or another suitable person;

(c)if the child is not an Aboriginal or Torres Strait Islander child—the next preference is for the child to be adopted under the Adoption Act 2009;

(d)the next preference is for the child to be cared for under the guardianship of the chief executive;

(e)if the child is an Aboriginal or Torres Strait Islander child—the last preference is for the child to be adopted under the Adoption Act 2009.

Notes—

1See also section 5C for the additional principles that apply for administering this Act in relation to Aboriginal and Torres Strait Islander children, including the Aboriginal and Torres Strait Islander child placement principle.

2For the principles that apply for administering the Adoption Act 2009, including the additional principles applying in relation to Aboriginal and Torres Strait Islander children, see sections 6 and 7 of that Act.

5C   Additional principles for Aboriginal or Torres Strait Islander children

(1)The following additional principles apply for administering this Act in relation to Aboriginal or Torres Strait Islander children—

(a)Aboriginal and Torres Strait Islander people have the right to self-determination;

(b)the long-term effect of a decision on the child’s identity and connection with the child’s family and community must be taken into account.

(2)The following principles (together the Aboriginal and Torres Strait Islander child placement principle) also apply in relation to Aboriginal or Torres Strait Islander children—

(a)the principle (the prevention principle) that a child has the right to be brought up within the child’s own family and community;

(b)the principle (the partnership principle) that Aboriginal or Torres Strait Islander persons have the right to participate in—

(i)significant decisions under this Act about Aboriginal or Torres Strait Islander children; and

(ii)decisions relating to the development and delivery of services, provided by the department, that—

(A)support Aboriginal or Torres Strait Islander families; or

(B)provide for the care or protection of Aboriginal or Torres Strait Islander children;

(c)the principle (the placement principle) that, if a child is to be placed in care, the child has a right to be placed with a member of the child’s family group;

Note—

See section 83 for provisions for placing Aboriginal and Torres Strait Islander children in care.

(d)the principle (the participation principle) that a child and the child’s parents and family members have a right to participate, and be enabled to participate, in an administrative or judicial process for making a significant decision about the child;

(e)the principle (the connection principle) that a child has a right to be supported to develop and maintain a connection with the child’s family, community, culture, traditions and language, particularly when the child is in the care of a person who is not an Aboriginal or Torres Strait Islander person.

5D   Principles about exercising powers and making decisions

(1)The following principles are relevant to exercising a power or making a decision under this Act—

(a)a power under this Act should be exercised in a way that is open, fair and respectful of the rights of each person affected by the exercise of the power;

(b)to the extent that it is appropriate, the views of relevant persons should be sought and taken into account before a decision is made under this Act;

Note—

See also section 5E in relation to the exercise of a power, or the making of a decision, under this Act that affects, or may affect, a child.

(c)if a relevant person for a decision under this Act needs help to participate in or understand the decision-making process, or to understand a statutory right relevant to the decision, the relevant person should be given help;

(d)a relevant person for a decision under this Act may obtain their own legal advice, or be represented by a lawyer or supported by another person, in relation to the decision-making process;

(e)information about a child affected by a decision under this Act should be shared—

(i)only to the extent necessary for the purposes of this Act; and

(ii)in a way that protects the child’s privacy.

(2)This section does not apply to a court or the tribunal.

(3)In this section—

relevant person, for a decision, means each of the following persons—

(a)the child to whom the decision relates;

(b)a person who is a parent or sibling of the child and is affected by the decision;

(c)any long-term guardian of the child.

5E   Principles for participation of children

(1)This section applies if a person—

(a)exercises, or will exercise, a power under this Act that affects, or may affect, a child; or

(b)makes, or will make, a decision under this Act that affects, or may affect, a child.

(2)Unless a provision of this Act states otherwise, the person must ensure the following in relation to the exercise of the power or the making of the decision—

(a)the child is given meaningful and ongoing opportunities to participate;

(b)the child is allowed to decide whether or not the child will participate;

(c)the child is given information that is reasonably necessary to allow the child to participate;

(d)the child is advised about what help is available to the child;

(e)the person understands and considers, or makes a genuine attempt to understand and consider, any views expressed by the child;

(f)the child is allowed to express views that are different to views previously expressed by the child;

(g)communication with the child is carried out in a way that is appropriate for the child;

(h)a record of views expressed by the child is made that, if appropriate, uses the child’s words.

(3)If the child decides to participate in the exercise of the power or the making of the decision, the person must ensure that—

(a)the child is allowed to decide how the child will participate; and

Examples of how a child may decide to participate—

•communicating verbally or non-verbally

•communicating directly with a particular person

•communicating indirectly through a trusted person, including, for example, a member of the child’s family or family group, the child’s carer or the public guardian

•communicating indirectly through an independent person, including, for example, the child’s legal representative or health practitioner

•communicating indirectly through a written statement or an audio or video recording

•communicating indirectly through an expert in a report prepared by the expert

•participating separately from particular persons

(b)the person listens to and engages with, or makes a genuine attempt to listen to and engage with, the child; and

(c)the child is given help to participate if the child requires it.

(4)If the child decides not to participate, or is otherwise unable to participate, in the exercise of the power or the making of the decision, the person must ensure—

(a)the person obtains, or makes a genuine attempt to obtain, the views of the child in another way that is appropriate for the child; and

Example of a way to obtain a child’s views that may be appropriate—

a report prepared by a psychologist for the child

(b)the child’s decision, or inability, does not operate to the detriment of the child in relation to the exercise of the power or the making of the decision.

(5)This section does not apply to a court or the tribunal.

5F   Principles about Aboriginal and Torres Strait Islander children—chief executive, litigation director and authorised officers

(1)This section applies to the following persons (each a relevant authority)—

(a)the chief executive;

(b)the litigation director;

(c)an authorised officer.

(2)When making a significant decision about an Aboriginal or Torres Strait Islander child, a relevant authority must—

(a)make active efforts to apply the Aboriginal and Torres Strait Islander child placement principle in relation to the child; and

(b)in consultation with the child and the child’s family, arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the child and the child’s family in the decision-making process.

(3)However, subsection (2)(b) does not apply if—

(a)complying with the subsection—

(i)is not practicable because an independent Aboriginal or Torres Strait Islander entity for the child is not available or urgent action is required to protect the child; or

(ii)is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or

(iii)is otherwise not in the child’s best interests; or

(b)section 5H applies in relation to the involvement of an independent Aboriginal or Torres Strait Islander entity for the child.

(4)Also, subsection (2)(b) does not apply if—

(a)the relevant authority is the litigation director; and

(b)the litigation director is satisfied the chief executive or an authorised officer has already complied with the requirement in relation to the significant decision.

(5)As far as reasonably practicable, a relevant authority must, in performing a function under this Act involving an Aboriginal or Torres Strait Islander person (whether a child or not), perform the function—

(a)in a way that allows the full participation of the person and the person’s family group; and

(b)in a place that is appropriate to Aboriginal tradition or Island custom.

(6)In this section—

active efforts, to apply the Aboriginal and Torres Strait Islander child placement principle, means purposeful, thorough and timely efforts to apply the principle.

5G   Principles about Aboriginal and Torres Strait Islander children—Childrens Court

(1)This section applies to the Childrens Court.

(2)When exercising a power under this Act in relation to an Aboriginal or Torres Strait Islander child, the court must have regard to—

(a)Aboriginal tradition and Island custom relating to the child; and

Note—

The Acts Interpretation Act 1954, schedule 1, contains definitions of Aboriginal tradition and Island custom.

(b)the Aboriginal and Torres Strait Islander child placement principle in relation to the child.

(3)To inform itself about the matters mentioned in subsection (2)(a), the court may have regard to the views about those matters of—

(a)an independent Aboriginal or Torres Strait Islander entity for the child; or

(b)the child; or

(c)a member of the child’s family.

5H   Principle about Aboriginal and Torres Strait Islander children—consent to involvement of independent Aboriginal or Torres Strait Islander entities

(1)This section applies if—

(a)an independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, intends to carry out a relevant activity for the child; and

(b)either or both of the following apply—

(i)if it is appropriate for the child to consent to the carrying out of the relevant activity by the entity—the child does not consent to the carrying out of the relevant activity by the entity;

(ii)the child’s family does not consent to the carrying out of the relevant activity by the entity.

(2)The independent Aboriginal or Torres Strait Islander entity must not carry out the relevant activity for the child.

(3)In this section—

relevant activity, for an Aboriginal or Torres Strait Islander child, means any of the following activities—

(a)facilitating the participation of the child, and the child’s family, in a decision-making process;

(b)attending, and participating in, a case planning meeting for the child;

(c)participating in the review and preparation of a revised case plan for the child;

(d)otherwise participating in a family group meeting for the child;

(e)attending a court ordered conference, under chapter 2, part 5, division 2, related to the child.

Division 2 Administration

6   Provision about the Child Protection (International Measures) Act 2003

The Child Protection (International Measures) Act 2003 includes provisions about the exercise of jurisdiction under this Act.

7   Chief executive’s functions

(1)For the proper and efficient administration of this Act, the chief executive’s functions are—

(a)providing, or helping provide, information for parents and other members of the community about the development of children and their safety needs; and

(b)providing, or helping provide, preventative and support services to strengthen and support families and to reduce the incidence of harm to children; and

(c)providing, or helping provide, services to families to protect their children if a risk of harm has been identified; and

(d)providing, or helping provide, services for the protection of children and responding to allegations of harm to children; and

(e)providing, or helping provide, services that encourage children in their development into responsible adulthood; and

(f)helping Aboriginal and Torres Strait Islander communities to establish programs for preventing or reducing incidences of harm to children in the communities; and

(g)ensuring children have meaningful and ongoing opportunities to participate in decisions of the chief executive about programs and services relating to the purposes of this Act; and

(h)providing support and training to approved carers to help them care for children under this Act; and

(i)negotiating and reviewing a statement of commitment between the State and organisations with an interest in the care of children under this Act that includes the provision of support and resources by the department to approved carers; and

(j)promoting a partnership between the State, local government, non-government agencies and families in taking responsibility for, and dealing with the problem of, harm to children; and

(k)promoting a partnership between the State and foster carers that recognises the integral part played by foster carers in caring for children under this Act; and

(l)promoting and helping in developing coordinated responses to allegations of harm to children and responses to domestic violence; and

(m)cooperating with government entities that have a function relating to the protection of children or provide services to children in need of protection or their families; and

(n)ensuring access by children in care to advocacy services and cooperating with the services to help ensure that the children’s concerns are dealt with; and

(o)consulting with clients of the department and of organisations involved in providing services relating to the purposes of this Act and with client representative groups; and

(p)arranging for independent Aboriginal or Torres Strait Islander entities for Aboriginal or Torres Strait Islander children to facilitate the participation of the children and the children’s families when making decisions in relation to the children; and

(q)reviewing, under chapter 7A, the department’s involvement with certain children who have since died or who have suffered serious physical injury—

(i)to facilitate ongoing learning and improvement in the provision of services by the department; and

(ii)to promote the accountability of the department; and

(iii)to support collaboration and joint learning between the department and other relevant agencies; and

(r)providing, or helping provide, public education about child abuse and neglect and to encourage people whose occupation involves responsibility for children and members of the public to report suspected child abuse and neglect to the chief executive; and

(s)collecting and publishing, or helping to collect and publish, information and statistics about—

(i)harm to children; and

(ii)the life outcomes of children in care; and

(iii)the relationship between the criminal justice system and the child protection system; and

(t)promoting and conducting research into—

(i)the causes and effects of harm to children; and

(ii)the life outcomes of children in care; and

(iii)the relationship between the criminal justice system and the child protection system; and

(u)encouraging tertiary institutions to provide instruction about harm to children and its prevention and treatment.

(2)In this section—

children in care means children in the chief executive’s custody or guardianship.

relevant agency see section 245B.

7A   Explanation about entities involved in court applications

(1)The scheme under this Act includes the making of court orders to—

(a)authorise actions as part of an investigation to assess whether a child is a child in need of protection; or

(b)ensure a child’s protection.

(2)Authorised officers appointed by the chief executive are empowered to apply for temporary assessment orders, court assessment orders and temporary custody orders.

(3)Police officers are empowered to apply for temporary assessment orders and court assessment orders.

(4)Under the Director of Child Protection Litigation Act 2016, the litigation director is empowered to apply for child protection orders.

(5)The chief executive is responsible for working collaboratively with the litigation director in relation to applications for child protection orders, including by collecting and preparing evidence.

Part 3    Basic concepts

Division 1 Key terms

8   Who is a child

A child is an individual under 18 years.

9   What is harm

(1)Harm, to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.

(2)It is immaterial how the harm is caused.

(3)Harm can be caused by—

(a)physical, psychological or emotional abuse or neglect; or

(b)sexual abuse or exploitation.

(4)Harm can be caused by—

(a)a single act, omission or circumstance; or

(b)a series or combination of acts, omissions or circumstances.

10   Who is a child in need of protection

A child in need of protection is a child who—

(a)has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm; and

(b)does not have a parent able and willing to protect the child from the harm.

11   Who is a parent

(1)A parent of a child is the child’s mother, father or someone else (other than the chief executive) having or exercising parental responsibility for the child.

(2)However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.

(3)A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.

(4)A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.

(5)A reference in this Act to the parents of a child or to 1 of the parents of a child is, if the child has only 1 parent, a reference to the parent.

Note—

See also schedule 3, definition parent, paragraph (a).

11A   Who is an independent Aboriginal or Torres Strait Islander entity

(1)An entity is an independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, if—

(a)the entity is—

(i)an individual who is an Aboriginal or Torres Strait Islander person; or

(ii)another entity whose members include individuals who are Aboriginal or Torres Strait Islander persons; and

(b)the chief executive is satisfied the entity—

(i)provides services to Aboriginal or Torres Strait Islander persons; or

(ii)is a representative of the child’s community or language group; or

(iii)satisfies the requirements mentioned in subsection (2); and

(c)is a suitable person to be an independent Aboriginal or Torres Strait Islander entity for the child.

Examples of persons who may be independent Aboriginal or Torres Strait Islander entities for Aboriginal or Torres Strait Islander children—

•an Aboriginal or Torres Strait Islander elder

•an entity funded by a State or the Commonwealth to provide cultural services, including cultural advice and support, to Aboriginal or Torres Strait Islander persons

(2)For subsection (1)(b)(iii), the requirements are that the entity is an individual who—

(a)is a person of significance to the child or child’s family; and

(b)is a suitable person for associating on a daily basis with the child; and

(c)is a person with appropriate authority to speak about Aboriginal or Torres Strait Islander culture in relation to the child or the child’s family; and

(d)is not an officer or employee of the department.

Division 2 Custody and guardianship

12   What is effect of custody

(1)This section applies if—

(a)an authorised officer or police officer takes a child into the chief executive’s custody; or

Note—

Under section 18, a child at immediate risk of harm may be taken into custody.

(b)the chief executive has custody of a child under a care agreement; or

(c)the chief executive or someone else is granted custody of a child under an assessment order, temporary custody order or child protection order.

(2)The chief executive, or other person granted custody of the child, has—

(a)the right to have the child’s daily care; and

(b)the right and responsibility to make decisions about the child’s daily care.

13   What is effect of guardianship

If the chief executive or someone else is granted guardianship of a child under a child protection order, the chief executive or other person has—

(a)the right to have the child’s daily care; and

(b)the right and responsibility to make decisions about the child’s daily care; and

(c)all the powers, rights and responsibilities in relation to the child that would otherwise have been vested in the person having parental responsibility for making decisions about the long-term care, wellbeing and development of the child.

Chapter 2    Protection of children

Part 1AA    Informing the chief executive about harm or risk of harm to children

Division 1 General

13A   Action by persons generally

(1)Any person may inform the chief executive if the person reasonably suspects—

(a)a child may be in need of protection; or

(b)an unborn child may be in need of protection after he or she is born.

(2)The information given may include anything the person considers relevant to the person’s suspicion.

13B   Action by relevant persons under other provisions

(1)Under division 2, if a relevant person has a reportable suspicion about a child, the person is required to report the matter to the chief executive.

(2)If a relevant person does not have a reportable suspicion about a child but considers the child is likely to become a child in need of protection if no preventative support is given, the person may take other appropriate action under this Act.

(3)For example, if the relevant person is a prescribed entity to which section 159MD(1) applies, the person may give information under that section to a service provider so the service provider can offer help and support to the child or child’s family to stop the child becoming a child in need of protection.

13C   Considerations when forming a reasonable suspicion about harm to a child

(1)This section applies to a person in forming a reasonable suspicion, for section 13A(1) or division 2, about whether a child has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm.

(2)The matters that the person may consider include—

(a)whether there are detrimental effects on the child’s body or the child’s psychological or emotional state—

(i)that are evident to the person; or

(ii)that the person considers are likely to become evident in the future; and

(b)in relation to any detrimental effects mentioned in paragraph (a)—

(i)their nature and severity; and

(ii)the likelihood that they will continue; and

(c)the child’s age.

(3)The person’s consideration may be informed by an observation of the child, other knowledge about the child or any other relevant knowledge, training or experience that the person may have.

13D   Protection from liability

Section 197A provides for protection from liability for information given under this part.

Division 2 Mandatory reporting by particular persons

13E   Mandatory reporting by persons engaged in particular work

(1)This section applies to a person (a relevant person) who is any of the following —

(a)a doctor;

(b)a registered nurse;

(c)a teacher;

(d)a police officer who, under a direction given by the commissioner of the police service under the Police Service Administration Act 1990, is responsible for reporting under this section;

(e)a person engaged to perform a child advocate function under the Public Guardian Act 2014;

(f)an early childhood education and care professional.

(2)For this section, a reportable suspicion about a child is a reasonable suspicion that the child—

(a)has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse; and

(b)may not have a parent able and willing to protect the child from the harm.

(3)If a relevant person forms a reportable suspicion about a child in the course of the person’s engagement as a relevant person, the person must give a written report to the chief executive under section 13G.

(4)In this section—

early childhood education and care professional means an individual, other than a volunteer or an individual under the age of 18, who is—

(a)any of the following under the Education and Care Services Act 2013—

(i)an approved provider;

(ii)a supervisor for a QEC approved service;

(iii)an educator for a QEC approved service; or

(b)any of the following under the Education and Care Services National Law (Queensland)—

(i)an approved provider;

(ii)a nominated supervisor for an approved education and care service;

(iii)an educator for an approved education and care service;

(iv)a family day care co-ordinator for an approved family day care service;

(v)a family day care educator for an approved family day care service.

13F   Mandatory reporting relating to children in care

(1)This section applies to a person (a relevant person) who is any of the following—

(a)an authorised officer;

(b)a public service employee employed in the department;

(c)a person employed in a departmental care service or licensed care service;

(d)an approved carer;

(e)a person employed in an entity mentioned in section 82(1)(f).

(2)For this section, a reportable suspicion about a child in care is a reasonable suspicion that the child has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse.

(3)If a relevant person forms a reportable suspicion about a child in care, the person must give a report to the chief executive under section 13G.

(4)In this section—

child in care means a child placed in care under section 82(1).

13G   Report to the chief executive

(1)This section applies to a report that a relevant person is required to give under section 13E or 13F.

(2)The report must—

(a)state the basis on which the person has formed the reportable suspicion; and

(b)include the information prescribed by regulation, to the extent of the person’s knowledge.

(3)The person is not required to give a report about a matter if—

(a)giving the report might tend to incriminate the person; or

(b)the person knows, or reasonably supposes, that the chief executive is aware of the matter.

(4)A regulation may prescribe the way the report must be given.

(5)To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under section 13E(3) or 13F(3) or this section.

13H   Conferrals with colleague and related information sharing

(1)A relevant person may give information to a colleague, and a colleague may give information to a relevant person, for any of the following purposes—

(a)for the relevant person to form a suspicion about whether a child has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse;

(b)in the case of a relevant person under section 13E—for the relevant person to form a suspicion about whether a child has a parent able and willing to protect the child from harm mentioned in paragraph (a);

(c)for the relevant person to give a report under section 13G or keep a record about giving a report;

(d)for the relevant person or colleague to take appropriate action to deal with suspected harm or risk of harm to a child.

Examples for paragraph (d)—

1A teacher with a reportable suspicion about a child under section 13E may give information to the principal at the school to enable the principal to take appropriate action to protect the child or other children from risk of harm.

2An educator under the Education and Care Services National Law (Queensland) with a reportable suspicion about a child under section 13E may give information to the nominated supervisor for the approved education and care service, within the meaning of that Law, to enable the supervisor to take appropriate action to protect the child or other children from risk of harm.

(2)In this section—

colleague, of a relevant person, means a person working in or for the same entity as the relevant person.

13I   Reporting obligation arises when reportable suspicion is formed

To remove any doubt, it is declared that—

(a)a relevant person is not required to give a report under section 13G until the person has formed a reportable suspicion about a child; and

Example—

After observing injuries on a child’s body, a doctor or teacher considers it possible that a parent of the child has physically abused the child or failed to protect the child from physical abuse. After obtaining further information about the family’s circumstances, the doctor or teacher forms a reportable suspicion about the child under section 13E.

(b)once a relevant person has formed a reportable suspicion about a child, the person must comply with section 13G even though the person is taking, or has taken, other action in relation to the child.

13J   Particular reports to be given to public guardian

As soon as practicable after receiving a report required by section 13F, the chief executive must give a copy to the public guardian to help the public guardian perform the public guardian’s child advocate functions under the Public Guardian Act 2014.

Part 1    Children at risk of harm

14   Substantiation of alleged harm

(1)If the chief executive becomes aware (whether because of notification given to the chief executive or otherwise) of alleged harm or alleged risk of harm to a child and reasonably suspects the child is in need of protection, the chief executive must immediately—

(a)have an authorised officer investigate the allegation, assess whether the alleged harm or risk of harm can be substantiated and, if it can, assess the child’s protective needs; or

(b)take other action the chief executive considers appropriate.

(2)If the chief executive reasonably believes alleged harm to a child may involve the commission of a criminal offence relating to the child, the chief executive must immediately give details of the alleged harm to the police commissioner.

(3)Subsection (2) applies whether or not the chief executive suspects the child is in need of protection.

15   Child’s parents and long-term guardians to be told about allegation of harm and outcome of investigation

(1)This section applies if an authorised officer or police officer—

(a)investigates an allegation of harm or risk of harm to a child; or

(b)assesses a child’s need of protection because of an allegation of harm or risk of harm to the child.

(2)If the child does not have long-term guardians, the officer must—

(a)give details of the alleged harm or risk of harm to at least 1 of the child’s parents; and

(b)as soon as practicable after completing the investigation—

(i)tell at least 1 of the child’s parents about the outcome of the investigation; and

(ii)if asked by the parent, give the information about the outcome of the investigation to the parent in writing.

(3)If the child has long-term guardians, the officer must—

(a)take, or make a reasonable attempt to take, the actions stated in subsection (2)(a) and (b), but only if the officer is satisfied it would be in the child’s best interests to do so, having regard to—

(i)the nature and extent of the child’s connection with the child’s parents; and

(ii)the evidence in support of the allegation of harm or risk of harm; and

(iii)any other relevant matter; and

(b)take the actions stated in subsection (2)(a) and (b) in relation to the long-term guardians.

(4)However, if the officer reasonably believes—

(a)someone may be charged with a criminal offence for the harm to the child and the officer’s compliance with subsection (2) or (3) may jeopardise an investigation into the offence; or

(b)compliance with subsection (2) or (3) may expose the child to harm;

the officer need only comply with the subsection to the extent the officer considers is reasonable and appropriate in the particular circumstances.

(5)If, under subsection (3)(a), the officer does not take the actions stated in subsection (2)(a) and (b) but makes a reasonable attempt to take the actions, the officer must document full details about the actions taken by the officer in making the attempt.

16   Contact with child at immediate risk of harm

(1)This section applies if—

(a)an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and

(b)the officer has been denied contact with the child or can not reasonably gain entry to the place where the officer reasonably believes the child is; and

(c)the officer reasonably suspects the child—

(i)is at immediate risk of harm; or

(ii)is likely to leave or be taken from a place and suffer harm if the officer does not take immediate action.

(2)The officer may exercise the following powers—

(a)enter the place;

(b)search the place to find the child;

(c)remain in the place, and have contact with the child for as long as the officer reasonably considers necessary for investigating the allegation.

(3)The officer may exercise a power under subsection (2) with the help, and using the force, that is reasonable in the circumstances.

(4)At the first reasonable opportunity, the officer must record, in a register kept for the purpose by the department or the Queensland Police Service, full details about the exercise of the powers and other actions taken by the officer.

17   Contact with children in school, education and care service premises, family day care etc.

(1)This section applies if—

(a)an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and

(b)the officer reasonably believes—

(i)it is in the child’s best interests that the officer has contact with the child before the child’s parents or long-term guardians are told about the investigation; and

(ii)the child’s parents or long-term guardians knowing in advance about the proposed contact with the child is likely to adversely affect or otherwise prevent the proper and effective conduct of the investigation; and

(c)the child is at a school, or place where education and care or regulated education and care is provided, when the officer is to have contact with the child; and

(d)the officer has lawfully entered, and is lawfully remaining at, the school or place.

(2)The officer may have contact with the child for as long as the officer reasonably considers necessary for investigating the allegation.

(3)Before exercising a power under subsection (2), the officer must notify the principal or other person in charge of the school or place of the intention to exercise the power.

(4)As soon as practicable after the officer has had contact with the child, the officer must—

(a)if the child has long-term guardians—tell at least 1 of the long-term guardians that the officer has had contact with the child and the reasons for the contact; or

(b)otherwise—tell at least 1 of the child’s parents that the officer has had contact with the child and the reasons for the contact.

(5)The officer’s obligation under subsection (4) to give reasons for the contact with the child is limited to the extent the officer considers is reasonable and appropriate in particular circumstances if the officer reasonably believes—

(a)someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or

(b)compliance with the subsection may expose the child to harm.

(6)Also, at the first reasonable opportunity, the officer must record, in a register kept for the purpose by the department or the Queensland Police Service, full details about the exercise of the powers and other actions taken by the officer.

(7)In this section—

education and care means education and care provided under the Education and Care Service National Law (Queensland).

regulated education and care means regulated education and care within the meaning of the Education and Care Services Act 2013.

18   Child at immediate risk may be taken into custody

(1)This section applies if an authorised officer or police officer reasonably believes a child is at risk of harm and the child is likely to suffer harm if the officer does not immediately take the child into custody.

(2)The officer may take the child into the chief executive’s custody.

(3)For subsection (2), the officer may—

(a)enter the place where the officer reasonably believes the child is; and

(b)search the place to find the child; and

(c)remain in the place for as long as the officer reasonably considers is necessary to find the child.

(4)The officer may exercise a power under subsection (2) or (3) with the help, and using the force, that is reasonable in the circumstances.

(5)The officer must, as soon as practicable, apply for a temporary assessment order for the child.

(6)However, subsection (5) does not apply if an authorised officer applies for a temporary custody order for the child.

(7)Also, the officer may arrange a medical examination of, or for medical treatment for, the child that is reasonable in the circumstances.

Note—

Section 97 applies to the medical examination or treatment.

(8)The chief executive’s custody of the child ends on the earlier of the following to happen—

(a)the application for the temporary assessment order or temporary custody order for the child is decided;

(b)8 hours elapses after the child is taken into custody.

19   Effect of taking child into custody on existing order

(1)This section applies if—

(a)an authorised officer or police officer takes a child into the chief executive’s custody; and

(b)a child protection order granting custody or guardianship of the child to someone other than the chief executive is in force.

(2)The order, so far as it relates to the child’s custody or guardianship, ceases to have effect while the chief executive’s custody of the child continues.

20   Officer’s obligations on taking child into custody

(1)This section applies if an authorised officer or police officer takes a child into the chief executive’s custody.

(2)If the child does not have long-term guardians, the officer must, as soon as practicable—

(a)take reasonable steps to tell at least 1 of the child’s parents—

(i)that the child has been taken into custody and the reasons for the action; and

(ii)when the chief executive’s custody ends under section 18(8); and

(b)tell the child about their being taken into the chief executive’s custody; and

Note—

Section 195 deals with compliance with provisions about giving information.

(c)tell the chief executive the child has been taken into the chief executive’s custody, the reasons for the action and where the child has been taken.

(3)If the child has long-term guardians, the officer must, as soon as practicable—

(a)comply with subsection (2)(a) to (c) as if the reference in subsection (2)(a) to parents were a reference to long-term guardians; and

(b)comply, or make a reasonable attempt to comply, with subsection (2)(a).

(4)Subsections (2) and (3) do not require the officer to tell the child’s parents or long-term guardians in whose care the child has been placed.

(5)The officer’s obligation under subsection (2)(a)(i) or (3) to give reasons for taking the child into custody is limited to the extent the officer considers is reasonable and appropriate in particular circumstances if the officer reasonably believes—

(a)someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the provision may jeopardise an investigation into the offence; or

(b)compliance with the provision may expose the child to harm.

(6)If, under subsection (3)(b), the officer does not comply with subsection (2)(a) but makes a reasonable attempt to comply, the officer must document full details about the actions taken by the officer in making the attempt.

21   Moving child to safe place

(1)This section applies if—

(a)an authorised officer or police officer reasonably believes a child who is under 12 years is at risk of harm but does not consider it necessary to take the child into the chief executive’s custody to ensure the child’s protection; and

(b)a parent or other member of the child’s family is not present at the place where the child is, and, after reasonable inquiries, the officer can not contact a parent or other member of the child’s family.

(2)The officer may, with the help that is reasonable in the circumstances, move the child to a safe place and make arrangements for the child’s care at the place.

(3)As soon as practicable after moving the child, the officer must—

(a)take reasonable steps to tell at least 1 of the child’s parents or a family member of the child’s whereabouts; and

(b)if the officer is a police officer—tell the chief executive the child has been moved to a safe place and where the child has been moved.

(4)The child may be cared for at the place under the arrangements until the child’s parents or family members resume or assume the child’s care.

(5)The moving of the child does not—

(a)prevent the child’s parents or family members resuming or assuming care of the child; or

(b)affect existing parental rights for the child.

22   Unborn children

(1)This section applies if, before the birth of a child, the chief executive reasonably suspects the child may be in need of protection after he or she is born.

(2)The chief executive must take the action the chief executive considers appropriate including, for example—

(a)having an authorised officer investigate the circumstances and assess the likelihood that the child will need protection after he or she is born; or

(b)offering help and support to the pregnant woman.

(3)If the child is an Aboriginal or Torres Strait Islander child, the chief executive or an authorised officer must arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the pregnant woman and the child’s family in relation to a matter mentioned in subsection (2).

(4)However, subsection (3) applies only if the pregnant woman agrees to the involvement of an independent Aboriginal or Torres Strait Islander entity for the child.

(5)The purpose of this section is to reduce the likelihood that the child will need protection after he or she is born (as opposed to interfering with the pregnant woman’s rights or liberties).

Part 2    Temporary assessment orders

Division 1 Preliminary

23   [Repealed]

24   Purpose of part

(1)This part provides for the making of temporary assessment orders.

(2)A temporary assessment order is made to authorise actions necessary as part of an investigation to assess whether a child is a child in need of protection, if the consent of a parent of the child to the actions has not been able to be obtained or it is not practicable to take steps to obtain the parent’s consent.

Division 2 Applications for, and making and effect of, temporary assessment orders

25   Making of application for order

(1)An authorised officer or police officer may apply to a magistrate for a temporary assessment order for a child.

(2)The officer must prepare a written application that states the following—

(a)the grounds on which it is made;

(b)the nature of the order sought;

(c)if taking the child into, or keeping the child in, the chief executive’s custody is sought—the proposed arrangements for the child’s care.

(3)The written application must be sworn.

(4)The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

26   Deciding application

A magistrate may decide an application for a temporary assessment order without notifying the child’s parents of the application or hearing them on the application.

27   Making of temporary assessment order

(1)The magistrate may make a temporary assessment order for the child only if the magistrate is satisfied—

(a)an investigation is necessary to assess whether the child is a child in need of protection; and

(b)the investigation can not be properly carried out unless the order is made.

(2)However, in deciding the application, the magistrate must also be satisfied reasonable steps have been taken to obtain appropriate parental consent to the doing of the things sought to be authorised under the order or it is not practicable to take steps to obtain the consent.

(3)In this section—

appropriate parental consent means—

(a)if the child does not have long-term guardians—the consent of at least 1 of the child’s parents; or

(b)if the child has long-term guardians—the consent of at least 1 of the long-term guardians.

28   Provisions of temporary assessment order

(1)The magistrate may make a temporary assessment order for the child that provides for any 1 or more of the following the magistrate considers to be appropriate in the circumstances—

(a)authorising an authorised officer or police officer—

(i)to have contact with the child; and

(ii)if the magistrate is satisfied it is necessary to provide interim protection for the child while the investigation is carried out—to take the child into, or keep the child in, the chief executive’s custody while the order is in force;

(b)authorising the child’s medical examination or treatment;

Note—

Section 97 applies to the medical examination or treatment.

(c)directing a parent not to have contact (direct or indirect)—

(i)with the child; or

(ii)with the child other than when a stated person or a person of a stated category is present.

(2)In addition, the order may also authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the magistrate is satisfied—

(a)entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and

(b)the entry is necessary for the effective enforcement of the order.

(3)On entering a place, an authorised officer or police officer may remain in the place for as long as the officer reasonably considers necessary for exercising the officer’s powers under this section.

(4)An authorised officer or police officer may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.

29   Duration of temporary assessment orders

(1)A temporary assessment order must state the time when it ends.

(2)The stated time must not be more than 3 business days after the day the order is made.

(3)The order ends at the stated time unless it is extended.

(4)Regardless of subsections (1) to (3), the order ends when the child turns 18 years.

30   Application by particular forms of communication and duplicate order

(1)An application under section 25 may be made by phone, fax, radio or another form of communication if the authorised officer or police officer reasonably considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances (including, for example, the officer’s remote location).

(2)The application—

(a)may not be made before the officer prepares the written application under section 25(2); but

(b)may be made before the written application is sworn.

(3)The magistrate may make the order (the original order) only if the magistrate is satisfied—

(a)it was necessary to make the application under subsection (1); and

(b)the way the application was made under subsection (1) was appropriate.

(4)After the magistrate makes the original order—

(a)if there is a reasonably practicable way of immediately giving a copy of the order to the officer (for example, by sending a copy by fax), the magistrate must immediately give a copy of the order to the officer; or

(b)otherwise—

(i)the magistrate must tell the officer the date and time the order was made and the other terms of the order; and

(ii)the officer must complete a form of the order, including by writing on it—

(A)the magistrate’s name; and

(B)the date and time the magistrate made the order; and

(C)the other terms of the order.

(5)The copy of the order mentioned in subsection (4)(a), or the form of the order completed under subsection (4)(b), (in either case the duplicate order) is a duplicate of, and as effectual as, the original order.

(6)The officer must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with section 25(2) and (3); and

(b)if the officer completed a form of the order under subsection (4)(b)—the completed form of the order.

(7)The magistrate must keep the original order and, on receiving the documents under subsection (6)—

(a)attach the documents to the original order; and

(b)give the original order and documents to the clerk of the court of the relevant magistrates court.

(8)Despite subsection (7), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by an order made under this section; and

(b)the original order is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove an order authorised the exercise of the power.

31   Order—procedure before entry

(1)This section applies if an authorised officer or police officer is intending to enter a place under an authority under a temporary assessment order.

(2)Before entering the place, the officer must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place;

(b)give the person—

(i)a copy of the order so far as it relates to the entry and searching of the place; or

(ii)if the entry and searching is authorised by a duplicate order under section 30(5), a copy of the duplicate order so far as it relates to the entry and searching of the place;

(c)tell the person the officer is permitted by the order to enter and search the place to find the child;

(d)give the person an opportunity to allow the officer immediate entry to the place without using force.

(3)For subsection (2)(a), an authorised officer must produce the officer’s identity card to the person for inspection.

Note—

For a police officer, see the Police Powers and Responsibilities Act 2000, section 637.

(4)However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated.

Division 3 Other provisions about temporary assessment orders

32   Explanation of temporary assessment orders

(1)If the child does not have long-term guardians, then, immediately after a temporary assessment order is made for a child, the applicant for the order must—

(a)give a copy of the order, or duplicate order under section 30(5), to at least 1 of the child’s parents; and

(b)explain the terms and effect of the order; and

(c)inform the parent—

(i)about the right of appeal; and

(ii)that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and

Note—

Under section 29, the duration of a temporary assessment order must be not more than 3 business days.

(iii)how to appeal; and

(d)tell the child about the order.

Note—

Section 195 deals with compliance with provisions about giving information.

(2)If the child has long-term guardians, then, immediately after a temporary assessment order is made for a child, the applicant for the order must—

(a)comply with subsection (1)(a) to (d) as if a reference to parents were a reference to long-term guardians; and

(b)comply, or make a reasonable attempt to comply, with subsection (1)(a) to (c).

(3)If, under subsection (2)(b), the applicant does not comply with subsection (1)(a) to (c) but makes a reasonable attempt to comply, the applicant must document full details about the actions taken by the applicant in making the attempt.

33   Police officers to notify chief executive of certain orders

If a temporary assessment order is made on the application of a police officer, the officer must immediately give copies of the application and order to the chief executive.

34   Extension of temporary assessment orders

(1)An authorised officer or police officer may apply to a magistrate for an order to extend the term of a temporary assessment order for a child.

(2)This part applies, with all necessary changes, to the application as if it were an application for a temporary assessment order.

(3)The magistrate may extend the temporary assessment order only if the magistrate is satisfied the order has not ended.

(4)The temporary assessment order may be extended until the end of the next business day after it would have otherwise ended if the magistrate is satisfied the officer intends to apply for a court assessment order or the litigation director intends to apply for a child protection order for the child within the extended term.

(5)Unless subsection (4) applies, the temporary assessment order may not be extended to a time ending more than 3 business days after the day it was made.

(6)A temporary assessment order may not be extended more than once under subsection (4).

35   Variation of temporary assessment orders

(1)An authorised officer or police officer may apply to a magistrate for an order to vary a temporary assessment order for a child.

(2)This part applies, with all necessary changes, to the application as if it were an application for a temporary assessment order.

36   Effect of temporary assessment order on existing child protection orders

If a temporary assessment order is made for a child for whom a child protection order is already in force, the temporary assessment order prevails to the extent of any inconsistency between the orders.

Part 3    Court assessment orders

Division 1 Preliminary

37   Purpose of part

(1)This part provides for the making of court assessment orders.

(2)A court assessment order is made to authorise actions necessary as part of an investigation to assess whether a child is a child in need of protection if—

(a)the consent of a parent of the child to the actions has not been able to be obtained or it is not practicable to take steps to obtain the parent’s consent; and

(b)more than 3 business days is necessary to complete the investigation and assessment.

Note—

Under part 2, a temporary assessment order may be obtained for not more than 3 business days.

Division 2 Application for, and making and effect of, court assessment orders

38   Application for court assessment order

(1)An authorised officer or police officer may apply to the Childrens Court for a court assessment order for a child.

(2)The application must—

(a)be sworn; and

(b)state the grounds on which it is made; and

(c)state the nature of the order sought; and

(d)comply with applicable rules of court; and

(e)be filed in the court.

39   Registrar to fix time and place for hearing

When the application is filed, the registrar of the Childrens Court must immediately fix a time and place for hearing the application having regard to the principle that it is in the best interests of the child for the application to be heard as soon as possible.

40   Public guardian to be notified, under an arrangement, of applications etc. for orders

(1)The public guardian and the registrar of the Childrens Court at a place may enter into an arrangement under which the registrar advises the public guardian of—

(a)all applications for a court assessment order filed at the place; and

(b)all hearings of applications at the place identified under the arrangement.

(2)The registrar of the Childrens Court must give notice of the applications and hearings to the public guardian in a way, and within the time, agreed with the public guardian under the arrangement.

41   Notice of application

(1)As soon as practicable after the application is filed, the applicant must do the following—

(a)if the child does not have long-term guardians—personally serve a copy of the application on each of the child’s parents;

(b)if the child has long-term guardians—

(i)personally serve a copy of the application on each of the long-term guardians; and

(ii)personally serve, or make a reasonable attempt to personally serve, a copy of the application on each of the child’s parents other than the long-term guardians;

(c)tell the child about the application.

Note—

Section 195 deals with compliance with provisions about giving information.

(2)If the applicant makes a reasonable attempt to personally serve, but does not personally serve, a copy of the application under subsection (1)(b)(ii), the applicant must document full details about the actions taken in making the attempt.

Example of how an applicant may make a reasonable attempt—

leaving a copy of the application at, or posting a copy of the application to, the parent’s last known residential address

(3)Also, if the applicant is a police officer, the applicant must immediately give a copy of the application to the chief executive.

(4)A copy of the application served under this section must state—

(a)when and where the application is to be heard; and

(b)for a copy served on a parent—that the application may be heard and decided even though the parent does not appear in court.

42   Respondents to application

The child’s parents are respondents to the application.

43   Hearing of application in absence of parents

(1)The Childrens Court may hear and decide the application in the absence of the child’s parents only if—

(a)the parents have been given reasonable notice of the hearing and fail to attend or continue to attend the hearing; or

(b)it is satisfied it was not practicable to give the parents notice of the hearing.

(2)Subsection (1) does not limit the jurisdiction of the court to exclude a person from a proceeding.

44   Making of court assessment order

The Childrens Court may make a court assessment order only if the court is satisfied an investigation is necessary to assess whether the child is a child in need of protection and the investigation can not be properly carried out unless the order is made.

45   Provisions of court assessment order

(1)The order may provide for any 1 or more of the following the court considers to be appropriate in the circumstances—

(a)authorising an authorised officer or police officer to have contact with the child;

(b)authorising the medical examination or treatment of the child;

(c)if the court is satisfied it is necessary to provide interim protection for the child while the investigation is carried out—

(i)granting temporary custody of the child to the chief executive; and

(ii)authorising an authorised officer or police officer to take the child into, or keep the child in, the chief executive’s custody while the order is in force;

(d)making provision about the child’s contact with the child’s family during the chief executive’s custody of the child;

(e)directing a parent not to have contact (direct or indirect)—

(i)with the child; or

(ii)with the child other than when a stated person or a person of a stated category is present.

(2)Before making an order under subsection (1)(d), the court must consider the views of the chief executive about the child’s contact with the child’s family, including—

(a)whether any contact with the child should be supervised; and

(b)the duration and frequency of any contact with the child.

(3)In addition, the order may also authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the court is satisfied—

(a)entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and

(b)the entry is necessary for the effective enforcement of the order.

(4)On entering a place, an authorised officer or police officer may remain in the place for as long as the officer considers necessary for exercising the officer’s powers under this section.

(5)An authorised officer or police officer may exercise the officer’s powers under the order with the help, and using the force, that is reasonable in the circumstances.

46   Order—procedure before entry

(1)This section applies if an authorised officer or police officer is intending to enter a place under an authority under a court assessment order.

(2)Before entering the place, the officer must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place;

(b)give the person a copy of the order so far as it relates to the entry and searching of the place;

(c)tell the person the officer is permitted by the order to enter and search the place to find the child;

(d)give the person an opportunity to allow the officer immediate entry to the place without using force.

(3)For subsection (2)(a), an authorised officer must produce the officer’s identity card to the person for inspection.

Note—

For a police officer, see the Police Powers and Responsibilities Act 2000, section 637.

(4)However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated.

47   Duration of court assessment orders

(1)A court assessment order for a child must state the time when it ends.

(2)The stated time must not be more than 4 weeks after the day the hearing of the application for the order is first brought before the court.

Note—

Under section 39, the registrar fixes the time and place for hearing the application.

(3)The order ends at the stated time unless it is extended or earlier revoked.

(4)Regardless of subsections (1) to (3), the order ends when the child turns 18 years.

Division 3 Other provisions about court assessment orders

48   Chief executive’s obligations after making of court assessment order

As soon as practicable after a court assessment order for a child is made, the chief executive must give to the parties to the application for the order—

(a)a copy of the order; and

(b)a written notice—

(i)explaining the terms and effect of the order; and

(ii)stating that a party may appeal against the decision to make the order within 28 days after the order is made; and

(iii)stating how to appeal.

49   Extension of court assessment orders

(1)An authorised officer may apply to the Childrens Court for an order to extend the term of a court assessment order for not more than 4 weeks.

(2)This part applies, with all necessary changes, to the application as if it were an application for a court assessment order.

(3)The court may extend the term of the order only if the court is satisfied—

(a)the order has not ended; and

(b)the extension is in the child’s best interests.

(4)A court assessment order may not be extended more than once.

50   Variation and revocation of court assessment orders

(1)An authorised officer may apply to the Childrens Court for an order to vary or revoke a court assessment order.

(2)This part applies, with all necessary changes, to the application as if it were an application for a court assessment order.

(3)Without limiting the things to which the court may have regard in deciding the application, the court may have regard to a contravention of the court assessment order or this Act.

51   Effect of court assessment order on existing child protection orders

If a court assessment order is made for a child for whom a child protection order is already in force, the court assessment order prevails to the extent of any inconsistency between the orders.

Part 3AA    Temporary custody orders

Division 1 Preliminary

51AA   [Repealed]

51AB   Purpose of part

(1)This part provides for the making of temporary custody orders.

(2)The purpose of a temporary custody order is to authorise the action necessary to ensure the immediate safety of a child—

(a)if the chief executive has referred a child protection matter relating to the child to the litigation director under the Director of Child Protection Litigation Act 2016, section 15—while the chief executive works with the litigation director under section 53A; or

(b)otherwise—while the chief executive decides the most appropriate action to meet the child’s ongoing protection and care needs (for example, applying for a child protection order).

Division 2 Applications for, and making and effect of, temporary custody orders

51AC   Making of application for order

(1)An authorised officer may apply to a magistrate for a temporary custody order for a child.

(2)The officer must prepare a written application that states the following—

(a)the grounds on which it is made;

(b)the nature of the order sought;

(c)the proposed arrangements for the child’s care.

(3)The written application must be sworn.

(4)The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

51AD   Deciding application

A magistrate may decide an application for a temporary custody order without notifying the child’s parents of the application or hearing them on the application.

51AE   Making of temporary custody order

The magistrate may make a temporary custody order for the child only if the magistrate is satisfied—

(a)the child will be at unacceptable risk of suffering harm if the order is not made; and

(b)the following person will be able, within the term of the temporary custody order, to decide the most appropriate action to meet the child’s ongoing protection and care needs and start taking that action—

(i)if the chief executive has not referred a child protection matter relating to the child to the litigation director under the Director of Child Protection Litigation Act 2016, section 15—the chief executive;

(ii)otherwise—the litigation director.

51AF   Provisions of temporary custody order

(1)The magistrate may make a temporary custody order for the child that provides for any 1 or more of the following the magistrate considers to be appropriate in the circumstances—

(a)authorising an authorised officer or police officer—

(i)to have contact with the child; and

(ii)to take the child into, or keep the child in, the chief executive’s custody while the order is in force;

(b)authorising the child’s medical examination or treatment;

Note—

Section 97 applies to the medical examination or treatment.

(c)directing a parent not to have contact (direct or indirect)—

(i)with the child; or

(ii)with the child other than when a stated person or a person of a stated category is present.

(2)In addition, the order may authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the magistrate is satisfied—

(a)entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and

(b)the entry is necessary for the effective enforcement of the order.

(3)On entering a place, an authorised officer or police officer may remain in the place for as long as the officer reasonably considers necessary for exercising the officer’s powers under this section.

(4)An authorised officer or police officer may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.

51AG   Duration of temporary custody orders

(1)A temporary custody order must state the time when it ends.

(2)The stated time must not be more than 3 business days after the day the order is made.

(3)The order ends at the stated time unless it is extended.

(4)Regardless of subsections (1) to (3), the order ends when the child turns 18 years.

51AH   Extension of temporary custody orders

(1)An authorised officer may apply to a magistrate for an order to extend the term of a temporary custody order for a child.

(2)This part applies, with all necessary changes, to the application as if it were an application for a temporary custody order.

(3)The magistrate may extend the temporary custody order only if the magistrate is satisfied the order has not ended.

(4)The temporary custody order may be extended until the end of the next business day after it would otherwise have ended if the magistrate is satisfied the litigation director intends to apply for a child protection order for the child within the extended term.

(5)Unless subsection (4) applies, the temporary custody order may not be extended to a time ending more than 3 business days after the day it was made.

(6)A temporary custody order may not be extended more than once under subsection (4).

51AI   Application by particular forms of communication and duplicate order

(1)An application under section 51AC may be made by phone, fax, radio or another form of communication if the authorised officer reasonably considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances (including, for example, the officer’s remote location).

(2)The application—

(a)may not be made before the officer prepares the written application under section 51AC(2); but

(b)may be made before the written application is sworn.

(3)The magistrate may make the order (the original order) only if the magistrate is satisfied—

(a)it was necessary to make the application under subsection (1); and

(b)the way the application was made under subsection (1) was appropriate.

(4)After the magistrate makes the original order—

(a)if there is a reasonably practicable way of immediately giving a copy of the order to the officer (for example, by sending a copy by fax), the magistrate must immediately give a copy of the order to the officer; or

(b)otherwise—

(i)the magistrate must tell the officer the date and time the order was made and the other terms of the order; and

(ii)the officer must complete a form of the order, including by writing on it—

(A)the magistrate’s name; and

(B)the date and time the magistrate made the order; and

(C)the other terms of the order.

(5)The copy of the order mentioned in subsection (4)(a), or the form of the order completed under subsection (4)(b), (in either case the duplicate order) is a duplicate of, and as effectual as, the original order.

(6)The officer must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with section 51AC(2) and (3); and

(b)if the officer completed a form of the order under subsection (4)(b)—the completed form of the order.

(7)The magistrate must keep the original order and, on receiving the documents under subsection (6)—

(a)attach the documents to the original order; and

(b)give the original order and documents to the clerk of the court of the relevant magistrates court.

(8)Despite subsection (7), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by an order made under this section; and

(b)the original order is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove an order authorised the exercise of the power.

51AJ   Order—procedure before entry

(1)This section applies if an authorised officer or police officer is intending to enter a place under an authority under a temporary custody order.

(2)Before entering the place, the officer must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place;

(b)give the person—

(i)a copy of the order so far as it relates to the entry and searching of the place; or

(ii)if the entry and searching is authorised by a duplicate order under section 51AI(5), a copy of the duplicate order so far as it relates to the entry and searching of the place;

(c)tell the person the officer is permitted by the order to enter and search the place to find the child;

(d)give the person an opportunity to allow the officer immediate entry to the place without using force.

(3)For subsection (2)(a), an authorised officer must produce the officer’s identity card to the person for inspection.

Note—

For a police officer, see the Police Powers and Responsibilities Act 2000, section 637.

(4)However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated.

Division 3 Other provisions about temporary custody orders

51AK   Explanation of temporary custody orders

(1)This section applies if a temporary custody order is made for a child.

(2)If the child does not have long-term guardians, the applicant for the order must immediately—

(a)provide at least 1 of the child’s parents with—

(i)a copy of the order or the duplicate order under section 51AI(5); and

(ii)an explanation of the terms and effect of the order; and

(iii)information—

(A)about the right of appeal; and

(B)that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and

(C)about how to appeal; and

(b)tell the child about the order.

Note—

Section 195 deals with compliance with provisions about giving information.

(3)If the child has long-term guardians, the applicant for the order must immediately—

(a)comply with subsection (2)(a) as if a reference to parents were a reference to long-term guardians; and

(b)comply, or make a reasonable attempt to comply, with subsection (2)(a) in relation to the child’s parents other than the long-term guardians; and

(c)comply with subsection (2)(b).

(4)If, under subsection (3)(b), the applicant does not comply with subsection (2)(a) in relation to the child’s parents other than the long-term guardians, but makes a reasonable attempt to comply, the applicant must document full details about the actions taken by the applicant in making the attempt.

51AL   Variation of temporary custody orders

(1)An authorised officer may apply to a magistrate for an order to vary a temporary custody order for a child.

(2)This part applies, with all necessary changes, to the application as if it were an application for a temporary custody order.

51AM   Effect of temporary custody order on existing child protection orders

(1)This section applies if a temporary custody order is made for a child for whom a child protection order is already in force.

273   Duty of disclosure in current proceedings

Section 189C applies in relation to a proceeding for a child protection order even if the proceeding started before the commencement.

Part 11    Transitional provisions for Child Protection Reform Amendment Act 2017

274   Applications for temporary custody orders

(1)This section applies to an application for a temporary custody order made, but not decided, before the commencement.

(2)For deciding the application, previous sections 51AB and 51AE apply in relation to the application.

(3)In this section—

previous, in relation to a section, means the section as in force from time to time before the commencement.

275   Existing case plans and reviews

(1)This section applies to a case plan for a child that is in effect immediately before the commencement.

(2)Section 51B(2) and (3) does not apply to the case plan until the first review of the plan under section 51V that starts after the commencement.

Part 12    Transitional provisions for Child Death Review Legislation Amendment Act 2020

276   Definitions for part

In this part—

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

original review documents means original review documents under former section 246D(2).

277   Current reviews by chief executive or litigation director

(1)This section applies if—

(a)the chief executive or litigation director was required to carry out a review under former chapter 7A, part 1, division 2; and

(b)immediately before the commencement, the chief executive or litigation director had not yet completed the review and given the original review documents to a review panel under former section 246D.

(2)Despite their repeal, former sections 245 to 246D and former sections 246E, 246F and 246H continue to apply in relation to the review.

(3)However, a reference in former section 246D or 246E to a review panel is taken to be a reference to the child death review board.

278   Dissolution of review panels and pool of members

On the commencement—

(a)the appointment of a person to a pool under former section 246HA ends; and

(b)each review panel established under former section 246HE is dissolved; and

(c)all documents that were held by a review panel under former chapter 7A become documents of the child death review board.

279   Child death review board may obtain documents for reviews under former provisions

(1)This section applies to an original review document or other document held by the chief executive that relates to a review started before the commencement under former chapter 7A.

(2)On request by the child death review board, the chief executive must give the document, or a copy of it, to the board.

280   Annual report about review panels

Despite its repeal, former section 246HL applies to the chief executive in relation to the financial year starting on 1 July 2019.

Part 13    Transitional provisions for Child Protection Reform and Other Legislation Amendment Act 2022

281   Definitions for part

In this part—

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

282   Existing applications for extension of particular orders

(1)This section applies in relation to an application mentioned in former section 99(1)(b) if, immediately before the commencement, the application had not been decided.

(2)Former section 99 continues to apply in relation to the application as if the Child Protection Reform and Other Legislation Amendment Act 2022 had not commenced.

283   Existing notices of appeal

(1)This section applies in relation to an appeal started under section 118 if, immediately before the commencement, the appeal had not been decided or otherwise finally dealt with.

(2)Former chapter 3, part 4 continues to apply in relation to the appeal as if the Child Protection Reform and Other Legislation Amendment Act 2022 had not commenced.

284   Existing applications under ch 4, pt 2

(1)This section applies if—

(a)an application was made under former chapter 4, part 2; and

(b)immediately before the commencement, the application had not been decided.

(2)From the commencement—

(a)the following provisions apply in relation to the application—

(i)for a foster carer certificate or kinship carer certificate—new section 134(8);

(ii)new chapter 4, part 2, division 7; and

(b)the former provisions of this Act, other than former section 134(8) and former chapter 4, part 2, division 7, continue to apply in relation to the application as if the Child Protection Reform and Other Legislation Amendment Act 2022 had not commenced.

285   Existing kinship carer certificates

(1)This section applies in relation to a kinship carer certificate in force immediately before the commencement.

(2)From the commencement, former schedule 3, definition kin continues to apply in relation to the certificate as if the Child Protection Reform and Other Legislation Amendment Act 2022 had not commenced.

(3)Subsection  (4) to (6) apply if the holder of the kinship carer certificate makes an application, under section 133, for a foster carer certificate.

(4)The kinship carer certificate is taken to continue in force—

(a)from the day that it would, apart from this section, have ended; and

(b)until the application is decided or withdrawn.

(5)However, if the application is refused, the kinship carer certificate continues in force until notice for the decision is given to the holder under section 136.

(6)Subsection (4) does not apply if the kinship carer certificate is earlier suspended or cancelled.

286   Application of ss 141B and 141D to persons performing risk-assessed roles

(1)This section applies in relation to a person if—

(a)on the commencement, the person—

(i)is performing a risk-assessed role for a licensed care service; and

(ii)has a domestic violence history or a traffic history; and

(b)the person had not disclosed the domestic violence history, or the traffic history, under section 141D(2) before the commencement.

(2)For sections 141B(2) and 141D(2), the person is taken to have acquired the domestic violence history, or the traffic history, on the commencement.

287   Reviews of decisions under s 86

(1)This section applies in relation to a decision made by the chief executive, under section 86(4), before the commencement.

(2)For a review of the decision under section 247, former schedule 2 continues to apply in relation to the decision as if the Child Protection Reform and Other Legislation Amendment Act 2022 had not commenced.

Schedule 1 Charter of rights for a child in care

schedule 3, definition charter of rights

Because—

The Parliament recognises the State has responsibilities for a child in need of protection who is in the custody or under the guardianship of the chief executive under this Act,

this Act establishes the following rights for the child—

(a)to be provided with a safe and stable living environment;

(b)to be treated fairly and with respect;

(c)to be placed in care that best meets the child’s needs and is most culturally appropriate;

(d)to maintain relationships with the child’s family and community;

(e)to develop, maintain and enjoy a connection to the child’s culture of origin;

(f)for an Aboriginal child—to develop, maintain and enjoy a connection to Aboriginal tradition;

(g)for a Torres Strait Islander child—to develop, maintain and enjoy a connection to Island custom;

(h)to develop, maintain and enjoy the child’s identity, including, for example, the child’s sexual orientation or gender identity;

(i)to choose and practise 1 or more languages;

(j)to choose and practise 1 or more religions;

(k)to be consulted about, and to take part in making, decisions affecting the child’s life (having regard to the child’s age or ability to understand), particularly decisions about where the child is living, contact with the child’s family and the child’s health and schooling;

(l)to be given information about decisions and plans concerning the child’s future and personal history, having regard to the child’s age or ability to understand;

(m)to keep, and have a safe space to store, personal belongings;

(n)to engage in play, and other recreational activities, appropriate for the child;

(o)to privacy, including, for example, in relation to the child’s personal information;

(p)if the child is under the long-term guardianship of the chief executive, to regular review of the child’s care arrangements;

(q)to make a complaint to the chief executive if the child considers that the charter of rights is not being complied with in relation to the child;

(r)to have access to dental, medical and therapeutic services, necessary to meet the child’s needs;

(s)to have access to education appropriate to the child’s age and development;

(t)to have access to job training opportunities and help in finding appropriate employment;

(u)to receive appropriate help with the transition from being a child in care to independence, including, for example, help about housing, access to income support and training and education.

Schedule 2 Reviewable decisions and aggrieved persons

section 247 and schedule 3, definitions aggrieved person and reviewable decision

Column 1	Column 2
Reviewable decision	Aggrieved person
1	refusing a request to review a case plan (section 51V(6), 51VA(6)(a) or 51VB(3)(a))	the person making the request
2	directing a parent in relation to a supervision matter stated in a child protection order (section 78)	the parent given the direction
3	refusing to deal with a complaint about a permanent guardian (section 80D(1))	the person making the complaint
4	deciding in whose care to place a child under a child protection order granting the chief executive custody or guardianship (section 86(2))	the child’s parents or the child
5	not informing a child’s parents of the person in whose care the child is (section 86(4))	a parent given the notice or the child
6	not informing a child’s parents of where the child is living (section 86(4))	a parent given the notice or the child
7	refusing to allow, restricting, or imposing conditions on, contact between a child and the child’s parents or a member of the child’s family (section 87(2))	a person affected by the decision
8	removing a child from the care of the child’s carer (section 89)	a carer entitled to apply to have the decision reviewed under section 91 or a child to whom a notice must be given stating the matters mentioned in section 90(4)(b) to (d)
9	refusing an application for, or to renew, a licence (section 129) other than because a person mentioned in section 126(b)(i) or (ii) does not hold a working with children authority	the applicant or licensee
10	refusing an application for, or to renew, a certificate of approval as an approved foster carer or an approved kinship carer (section 136) other than because a person mentioned in section 135(1)(a)(iii) or (b)(iv) does not hold a working with children authority	the applicant or certificate holder
11	refusing an application to amend an authority other than a provisional certificate (section 137)	the authority holder
12	amending an authority other than a provisional certificate (section 138)	the authority holder
13	suspending or cancelling an authority other than a provisional certificate (section 140)	the authority holder
14	cancelling an authority (section 140AG(3) or (4) or 140AH)	the authority holder

Schedule 3 Dictionary

section 3

Aboriginal and Torres Strait Islander child placement principle, in relation to an Aboriginal or Torres Strait Islander child, see section 5C(2).

agency head, for chapter 7A, see section 245B.

aggrieved person, for a reviewable decision, means a person stated opposite the decision in schedule 2.

appealable decision ...

appellate court means—

(a)for a decision on an application for a court assessment order or child protection order, or for an order transferring a child protection order or child protection proceeding to a participating State—

(i)if the decision was made by the Childrens Court constituted by a judge—the Court of Appeal; or

(ii)if the decision was made by the Childrens Court constituted in another way—the Childrens Court constituted by a judge; or

(b)for a decision on an application for a temporary assessment order or temporary custody order—the Childrens Court constituted by a judge.

application ...

apply for an exemption notice ...

apply for a prescribed notice ...

apply for a review, for chapter 4, part 2, division 4, subdivision 3, see section 140AB.

appropriate, for a child, means appropriate for the age, maturity, capacity, culture and circumstances of the child.

appropriate Aboriginal or Torres Strait Islander entity, for chapter 4, part 2A, see section 148BA.

appropriately qualified ...

approved carer—

(a)generally, means—

(i)an approved foster carer; or

(ii)an approved kinship carer; or

(iii)a provisionally approved carer; or

(b)for chapter 4, part 2, division 4, subdivision 3—see section 140AB.

approved form means a form approved under section 157.

approved foster carer means a person who holds a certificate of approval as an approved foster carer.

approved kinship carer, for a child, means a person who holds a certificate of approval as an approved kinship carer for the child.

assessment care agreement see section 51ZD(2).

assessment order means a temporary or court assessment order.

associated interim order, in relation to a proceeding transferred to Queensland by a court under an interstate law, means an interim order made by the court when ordering the transfer of the proceeding.

authorised officer means a person holding office as an authorised officer under an appointment under this Act.

authority means a licence or certificate of approval.

care agreement see section 51ZD(1).

carer, of a child, means the entity in whose care the child has been placed under section 82(1).

case plan see section 51B.

case planning see section 51A.

case planning meeting see section 51H(2).

CDCRC ...

certificate of approval means a certificate of approval issued under chapter 4, part 2.

charge, of an offence, means a charge in any form, including, for example, the following—

(a)a charge on an arrest;

(b)a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382;

(c)a complaint under the Justices Act 1886;

(d)a charge by a court under the Justices Act 1886, section 42(1A), or another provision of an Act;

(e)an indictment.

charter of rights means the charter of rights for a child in care in schedule 1.

chief executive (adoptions) means the chief executive of the department in which the Adoption Act 2009 is administered.

chief executive (employment screening) means the chief executive of the department in which the Working with Children Act is administered.

chief executive for transport means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.

child see section 8.

child death review board means the board established by the Family and Child Commission Act 2014, section 29C.

child in need of protection see section 10.

child placement principles ...

child protection care agreement see section 51ZD(3).

child protection order—

(a)means a child protection order under chapter 2, part 4, including—

(i)an order extending, varying or revoking a child protection order; and

(ii)an interim order under section 67 in relation to a proceeding for a child protection order; and

(b)for chapter 7, includes an order mentioned in section 201.

child protection proceeding means—

(a)a proceeding under this Act for the making, extension, amendment or revocation of a child protection order; or

(b)a proceeding under a child welfare law of a participating State for—

(i)the making, extension, amendment or revocation of a child protection order or interim order; or

(ii)if, under that law, the making of a particular finding is a prerequisite to the making of a child protection order—the making of the finding.

children’s commissioner ...

Childrens Court, of another State, means the court in that State that may hear and decide a child protection proceeding at first instance.

child welfare law, of another State, means a law declared under section 203 to be a child welfare law of that State.

commencement, for chapter 9, part 6, see section 266.

commission, of an offence, includes attempted commission of the offence.

Commissioner’s Act ...

contact, with a child, includes to see and talk to the child.

contact arrangements, for a child, means arrangements for the child’s contact with members of the child’s family group or other persons with whom the child is connected.

convicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded.

court assessment order means an order under chapter 2, part 3, and includes—

(a)an order extending, varying or revoking a court assessment order; and

(b)an interim order under section 67 in relation to a proceeding for a court assessment order.

criminal history, of a person, means all of the following—

(a)every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this definition, including spent convictions;

(b)every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this definition;

(c)every disqualification order made under the Working with Children Act in relation to the person, whether before or after the commencement of this definition;

(d)every disqualification order and offender prohibition order made under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 in relation to the person, whether before or after the commencement of this definition.

current ...

departmental care service means a care service established by the chief executive to accommodate children in the chief executive’s custody or guardianship or other children in need of protection.

director, of an applicant for a licence or a licensee, means—

(a)if the applicant or licensee is a company under the Corporations Act—a person appointed as a director of the applicant or licensee; or

(b)otherwise—a person who is, or is a member of, the executive or management entity, by whatever name called, of the applicant or licensee.

direct representative means a lawyer mentioned in section 108(1)(a)(i).

disqualifying event ...

disqualifying offence means a disqualifying offence under the Working with Children Act.

domestic violence history, of a person, means the history of domestic violence orders made against the person under the Domestic and Family Violence Protection Act 2012.

endorse, a case plan, means record an endorsement on the plan.

excluding offence ...

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

exemption notice ...

family group, of a child, includes—

(a)members of the child’s extended family; and

(b)if the child belongs to a clan, tribe or similar group—members of that group; and

(c)anyone else recognised by persons mentioned in paragraph (a) or (b) as belonging to the child’s family.

family group meeting means a family group meeting under chapter 2, part 3A.

family meeting ...

finalised, for a case plan, means recorded in the approved form and endorsed by the chief executive.

foster carer certificate see section 131(a).

government entity means a government entity under the Public Sector Act 2022, section 276, and includes the Queensland Police Service to the extent it is not a government entity under that section.

guardian ...

harm see section 9.

head, of a relevant agency, for chapter 7A, see section 245B.

health practitioner means—

(a)a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following—

(i)the dental profession as any of the following—

(A)dentist;

(B)dental therapist;

(C)dental hygienist;

(D)oral health therapist;

(ii)the nursing profession;

(iii)the medical profession;

(iv)the occupational therapy profession;

(v)the optometry profession;

(vi)the physiotherapy profession;

(vii)the psychology profession; or

(b)a person who is eligible for practising membership of The Speech Pathology Association of Australia Limited ACN 008 393 440; or

(c)a person who is eligible for membership of the Australian Association of Social Workers.

holder, of an authority, means—

(a)for a licence—the licensee; or

(b)for a certificate of approval—the holder of the certificate.

home order see section 200(a).

honorary officer means a person appointed as an honorary officer under section 155B.

Hospital and Health Service means a Hospital and Health Service established under the Hospital and Health Boards Act 2011.

independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, see section 11A(1).

interim order ...

internal agency review, for chapter 7A, see section 245B.

interstate government officer see section 235(7).

interstate law, of another State, means a law declared under section 204 to be an interstate law of that State.

interstate officer, for another State, means the officer declared to be the interstate officer for that State under section 204.

interstate order ...

interstate transfer decision means—

(a)an order of a court in a participating State, made under an interstate law of that State, transferring a child protection order or child protection proceeding from that State to Queensland; or

(b)a decision of the interstate officer of a participating State, made under an interstate law of that State, to transfer a child protection order from that State to Queensland.

interstate welfare authority ...

intervention see section 51ZA.

judge means a Childrens Court judge.

judicial review application means an application for a statutory order of review, or an application for review, under the Judicial Review Act 1991.

kin, in relation to a child, means the following persons—

(a)a member of the child’s family group who is a person of significance to the child;

(b)if the child is an Aboriginal child—a person who, under Aboriginal tradition, is regarded as kin of the child;

(c)if the child is a Torres Strait Islander child—a person who, under Island custom, is regarded as kin of the child;

(d)another person—

(i)who is recognised by the child, or the child’s family group, as a person of significance to the child; and

(ii)if the child is an Aboriginal or Torres Strait Islander child—with whom the child has a cultural connection.

kinship carer certificate see section 131(b).

legally qualified member see the QCAT Act, schedule 3.

licence means a licence to provide care services.

licensed care service means a service, operated under a licence, to provide care for children in the chief executive’s custody or guardianship.

licensed premises means premises noted on a licence.

licensed residential facility means licensed premises in which children reside.

litigation director means the Director of Child Protection Litigation under the Director of Child Protection Litigation Act 2016.

litigation function, of the litigation director, means the following—

(a)a function that is or relates to dealing with a child protection matter under the Director of Child Protection Litigation Act 2016;

(b)a function mentioned in section 9(1) of that Act.

living arrangements, for a child, means arrangements about where or with whom the child will live.

long-term guardian, of a child, means a person, other than the chief executive, who is granted long-term guardianship of the child under a long-term guardianship order.

Note—

See section 61(f)(i) and (ii).

long-term guardianship, of a child under a child protection order, means guardianship until the child turns 18 years.

long-term guardianship order see section 61(f).

medical examination means a physical, psychiatric, psychological or dental examination, assessment or procedure, and includes forensic examination and an examination or assessment normally carried out by a health practitioner.

member—

1Member, of a person’s household—

(a)includes—

(i)someone who lives in the person’s home; and

(ii)an adult who, because of the nature of their contact with the child in need of protection and the context in which that contact happens, may create an unacceptable level of risk to the child; but

(b)does not include a parent of the child living in the person’s home if the child was placed in the care of the person under section 82(1).

2Member, of an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child, includes a person employed or engaged by the entity.

member, of a person’s household ...

member, of a recognised entity ...

Minister, for a relevant agency, for chapter 7A, see section 245B.

negative exemption notice ...

negative notice see the Working with Children Act, section 18C.

negative prescribed notice ...

non-participating State ...

notifier, for chapter 6, part 6, division 2, subdivision 1, see section 186.

obstruct includes hinder, resist and attempt to obstruct.

office of the litigation director means the Office of the Director of Child Protection Litigation under the Director of Child Protection Litigation Act 2016.

order means an assessment order, temporary custody order or child protection order.

original review documents ...

outcomes, of an internal agency review, for chapter 7A, see section 245B.

parent, of a child—

(a)for chapter 2, parts 2, 3, 3AA, 3A and 4, sections 67 and 117 and chapter 7—means each of the following persons—

(i)the child’s mother or father;

(ii)a person in whose favour a parenting order operates;

(iii)a person, other than the chief executive, having custody or guardianship of the child under another Act or a law of another State;

(iv)a long-term guardian of the child;

(v)a permanent guardian of the child; or

(b)otherwise—see section 11.

parenting order means an order mentioned in the Family Law Act 1975 (Cwlth), section 64B(1) that deals with a matter mentioned in section 64B(2)(a) or (b) of that Act.

participate, in relation to the making of a decision or the exercise of a power, includes expressing views relating to the making of the decision or the exercise of the power.

participating State means a State declared to be a participating State under section 204.

party, to a proceeding on an application for an order for a child, means the child, the applicant or a respondent to the application, and includes the chief executive if the application is for a court assessment order made by a police officer.

permanency, for a child, see section 5BA(3).

permanent care order see section 61(g).

permanent guardian, of a child, means a person who is granted long-term guardianship of the child under a permanent care order.

Note—

See section 61(g).

personal history see section 141B.

place includes—

(a)land or premises; and

(b)a vehicle, boat or aircraft.

police commissioner ...

police information, for chapter 4, part 2, division 7, see section 142.

policies, for chapter 7A, see section 245B.

pool ...

positive exemption notice ...

positive prescribed notice ...

post-amended Act, for chapter 9, part 6, see section 266.

premises includes—

(a)a building or structure, or part of a building or structure; and

(b)land on which a building or structure is situated.

prescribed delegate, for an Aboriginal or Torres Strait Islander child, for chapter 4, part 2A, see section 148BA.

prescribed entity see section 159M.

prescribed notice ...

prescribed provision, for chapter 4, part 2, division 4, subdivision 3, see section 140AB.

private convenor see section 51I(1).

prohibiting event, for chapter 4, part 2, division 4, subdivision 3, see section 140AB.

proposed interstate order see section 200(b).

protection, of a child, includes care of the child.

provisional certificate means a certificate of approval as a provisionally approved carer.

provisionally approved carer, for a child, means a person who holds a certificate of approval as a provisionally approved carer for the child.

public guardian means the public guardian under the Public Guardian Act 2014.

publish, for chapter 6, part 6, see section 185.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

recognised Aboriginal or Torres Strait Islander agency ...

recognised entity ...

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing profession, other than as a student; and

(b)in the registered nurses division of that profession.

registrar—

(a)for chapter 2A—see section 99B; or

(b)of the Childrens Court held at a place, includes the clerk of the Magistrates Court at the place.

relevant agency, for chapter 7A, see section 245B.

relevant child, for chapter 5A, see section 159BA.

relevant information ...

relevant person, for chapter 4, part 2, division 4, subdivision 3, see section 140AB.

reportable suspicion, for chapter 2, part 1AA, see section 13E(2) or 13F(2), whichever is relevant.

reviewable decision means—

(a)for chapter 2A—see section 99B; or

(b)otherwise—a decision stated in schedule 2.

review application, for chapter 2A, see section 99B.

review panel ...

review report, for chapter 7A, see section 245B.

revised case plan means a case plan prepared under chapter 2, part 3A, division 5.

risk-assessed role see section 123A.

rules of court, means rules of court made under the Childrens Court Act 1992.

SCAN stands for ‘Suspected Child Abuse and Neglect’.

school means—

(a)a State school under the Education (General Provisions) Act 2006; or

(b)an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

separate representative, for a child—

(a)for chapter 2A—see section 99Q(3); or

(b)for chapter 3—see section 110(1)(a).

serious offence means a serious offence under the Working with Children Act.

serious physical injury means—

(a)the loss of a distinct part or an organ of the body; or

(b)serious disfigurement; or

(c)any bodily injury of a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health.

service provider see section 159M.

short-term guardianship, of a child under a child protection order, means guardianship of the child for not more than 2 years.

significant decision, about an Aboriginal or Torres Strait Islander child, means a decision likely to have a significant impact on the child’s life.

Examples of decisions relating to an Aboriginal or Torres Strait Islander child that may be significant decisions—

•a decision made in the course of investigating an allegation of harm to the child

•a decision about placing the child in care

•a decision by the litigation director about whether or not to apply for a child protection order for the child

specialist service provider, for chapter 5A, part 4, see section 159M.

spent conviction ...

State includes New Zealand.

statement of standards see section 122.

student hostel means—

(a)a student hostel established under the Education (General Provisions) Act 2006, section 15(b); or

(b)a student hostel operated with an allowance paid under the Education (General Provisions) Act 2006, section 368(1)(e).

suitable person means—

(a)for having the custody or guardianship of a child—a person who is a suitable person under a regulation and agrees to accept the custody or guardianship of the child; or

(b)for having the daily care of a child—a person who is a suitable person under a regulation; or

(c)for managing a licensed care service—a person who is a suitable person under a regulation; or

(d)for a director of an applicant for a licence or a licensee—a person who is a suitable person under a regulation; or

(e)for a nominee for a licence—a person who is a suitable person under a regulation; or

(f)for a person who will be, or is, performing a risk-assessed role for a licensed care service—a person who is a suitable person under a regulation; or

(g)for an approved foster carer—a person who is a suitable person under a regulation; or

(h)for an approved kinship carer—a person who is a suitable person under a regulation; or

(i)for a provisionally approved carer—a person who is a suitable person under a regulation; or

(j)for associating on a daily basis with children or a particular child—a person who is a suitable person under a regulation; or

(k)for being an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child—a person who is a suitable person under a regulation.

support person, for chapter 2A, see section 99B.

teacher means an approved teacher under the Education (Queensland College of Teachers) Act 2005 employed at a school.

temporary assessment order means an order under chapter 2, part 2, and includes an order extending a temporary assessment order.

temporary custody order means an order under chapter 2, part 3AA.

this Act, for chapter 6, part 6, see section 185.

traffic history, of a person, means the history of the person’s contraventions of the following provisions—

(a)the Transport Operations (Road Use Management) Act 1995, section 79;

Editor’s note—

Transport Operations (Road Use Management) Act 1995, section 79 (Vehicle offences involving liquor or other drugs)

(b)the Criminal Code, section 328A.

Editor’s note—

Criminal Code, section 328A (Dangerous operation of a vehicle)

transition order see section 65A(2).

tribunal means QCAT.

triggering event, for an internal agency review, for chapter 7A, see section 245M.

woman includes any female.

Working with Children Act means the Working with Children (Risk Management and Screening) Act 2000.

working with children authority see the Working with Children Act, section 18.

working with children check application see the Working with Children Act, schedule 7.