Department Of Child Safety and CARTER

The Queensland Court of Appeal considered an appeal by the Department of Child Safety (the Department) against a decision of the Childrens Court of Queensland concerning the care and protection of a child, referred to as CARTER. The dispute centred on the Department's application for a child protection order, specifically an order for the child to be placed in the permanent care of the Minister. The Childrens Court had dismissed the Department's application, leading to the present appeal.

The primary legal issue before the Court of Appeal was whether the Childrens Court had erred in law by failing to make a finding that the child was in need of protection under section 16 of the *Child Protection Act 1999* (Qld). The Department argued that the evidence presented established the necessary grounds for a child protection order, and that the Childrens Court had misapplied the relevant legal tests in reaching its conclusion.

The Court of Appeal analysed the evidence and the findings of the Childrens Court, applying the principles established in cases concerning the interpretation of "need of protection" under the Act. The Court affirmed that the onus was on the Department to prove, on the balance of probabilities, that the child was in need of protection. It examined whether the Childrens Court had adequately considered all relevant factors and whether its ultimate decision was reasonably open to it on the evidence. The Court of Appeal ultimately found that the Childrens Court had not erred in law and that its decision was supported by the evidence.

The appeal was dismissed, and the orders of the Childrens Court were affirmed.