Child Protection Amendment Regulation (No. 1) 2006 (Qld)

Queensland Child Protection Amendment Regulation (No. 1) 2006 Subordinate Legislation 2006 No. 98 made under the ChildProtectionAct1999 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 7 (Agreement to provide care for a child—Act, s 84(2)) .............................. 2 5 Replacement of s 9 (Suitable person—Act, sch 3, definition suitable person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9 Suitable person—Act, sch 3, definition suitable person ............................... 2 6 Amendment of s 11 (Reporting harm to a child in residential care—Act, s 148(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 12 (Chief executive to keep records). . . . . . . . . 5 8 Amendment of sch 2 (Interstate laws and related matters) . . . . . 5

s1 2 s5 Child Protection Amendment Regulation (No. 1) 2006 No. 98, 2006 1 Short title This regulation may be cited as the Child Protection Amendment Regulation (No. 1) 2006 . 2 Commencement This regulation commences on 31 May 2006. 3 Regulation amended This regulation amends the Child Protection Regulation 2000. 4 Amendment of s 7 (Agreement to provide care for a child—Act, s 84(2)) Section 7(1)(b), (c), (f) and (h), ‘foster carer’— omit, insert — ‘approved carer’. 5 Replacement of s 9 (Suitable person—Act, sch 3, definition suitable person ) Section 9— omit, insert — ‘9 Suitable person—Act, sch 3, definition suitable person ‘(1) A person is a suitable person for having the custody or guardianship of a child if the person— (a) does not pose a risk to the child’s safety; and (b) is able and willing to care for the child in a way that meets the standards of care in the statement of standards; and (c) is able and willing to protect the child from harm; and (d) understands, and is committed to, the principles for administering the Act. 1 1 See section 5 (Principles for administration of Act) of the Act.

s5 3 s5 Child Protection Amendment Regulation (No. 1) 2006 No. 98, 2006 Note — Under section 61 (Types of child protection orders) of the Act, the Childrens Court may make an order granting custody or guardianship of a child. ‘(2) A person is a suitable person to be an approved foster carer of any child if the person— (a) does not pose a risk to a child’s safety; and (b) is able and willing to protect a child from harm; and (c) understands, and is committed to, the principles for administering the Act; and (d) has completed any training reasonably required by the chief executive to ensure the person is able to properly care for a child. ‘(3) A person is a suitable person to be an approved kinship carer of a child if the person— (a) does not pose a risk to the child’s safety; and (b) is able and willing to protect the child from harm; and (c) understands, and is committed to, the principles for administering the Act; and (d) has completed any training reasonably required by the chief executive to ensure the person is able to properly care for a child. ‘(4) A person is a suitable person to be an provisionally approved carer of a child if the person— (a) does not pose a risk to the child’s safety; and (b) is able and willing to protect the child from harm. ‘(5) A person is a suitable person for associating on a daily basis with children or a particular child if the person does not pose a risk to the children’s or child’s safety. ‘(6) A person is a suitable person for managing a licensed care service if the person— (a) does not pose a risk to the safety of children who, under the Act, are in the care of the licensee; and (b) is able and willing to manage the service in a way that—

s5 4 s5 Child Protection Amendment Regulation (No. 1) 2006 No. 98, 2006 (i) assists the nominee to ensure the provision of care complies with the statement of standards; and (ii) implements the methods mentioned in section 126(d) 2 of the Act; and (c) understands, and is committed to, the principles for administering the Act. ‘(7) A person is a suitable person to be a director of an applicant for a licence or a director of a licensee for a licensed care service if the person— (a) does not pose a risk to the safety of children who, under the Act, are in the care of the licensee; and (b) is able and willing to manage the service, or ensure the service is managed, in a way that ensures the provision of care by the service complies with the statement of standards; and (c) understands, and is committed to, the principles for administering the Act. ‘(8) A person is a suitable person to be a nominee for a licence if the person— (a) does not pose a risk to the safety of children who, under the Act, are in the care of the licensee; and (b) is able and willing to fulfil the responsibilities of a nominee for a licence under section 130(1) of the Act. ‘(9) A person is a suitable person to be engaged in relation to the provision of care services by a licensed care service if the person does not pose a risk to the safety of children in the custody or guardianship of the chief executive. ‘(10) In deciding if a person is a suitable person under this section, the chief executive or a court may consider the person’s employment history, physical or mental health and any other relevant matter.’. 2 Section 126 (Restrictions on granting application) of the Act

s6 5 s8 Child Protection Amendment Regulation (No. 1) 2006 No. 98, 2006 6 Amendment of s 11 (Reporting harm to a child in residential care—Act, s 148(2)) Section 11, heading, ‘residential care’— omit, insert — ‘ departmental and licensed care services ’. 7 Amendment of s 12 (Chief executive to keep records) Section 12(2)(a)(i), from ‘approved’— omit, insert — ‘entity mentioned in section 82(1) of the Act.’. 8 Amendment of sch 2 (Interstate laws and related matters) Schedule 2, item for Western Australia— omit, insert — ‘Western Australia Children and Community Chief Executive Officer of Services Act 2004 (WA), the Department for part 6 Community Development’. ENDNOTES 1 Made by the Governor in Council on 25 May 2006. 2 Notified in the gazette on 26 May 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Child Safety. © State of Queensland 2006