Director-General, Department of Families, Youth and Community Care v Bennett

The Director-General of the Department of Families, Youth and Community Care (the appellant) appealed to the Queensland Court of Appeal against a decision of the Childrens Court of Queensland. The appeal concerned the interpretation and application of the *Child Protection Act 1999* (Qld) in relation to the appellant's application for a child protection order. The respondent was the parent of the child in question.

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 162(1)(a) of the *Child Protection Act 1999* (Qld) when it made an order under section 162(1)(b) of the Act. This involved determining the relationship between the two subsections and whether a finding under (a) was a prerequisite for an order under (b).

The Court of Appeal held that section 162(1)(a) and (b) of the *Child Protection Act 1999* (Qld) were distinct and independent grounds for making an order. The court reasoned that a finding that a child is in need of protection under section 162(1)(a) is not a necessary precursor to making an order under section 162(1)(b), which deals with situations where a parent has failed to take reasonable steps to protect the child from harm. The court found that the Childrens Court had correctly applied the law and that there was no error in its decision.

The appeal was dismissed.