CHILD PROTECTION ACT 1999

Queensland Consolidated Acts

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- As at 1 February 2024
- Act 10 of 1999

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement
3. Definitions
3A. (Repealed)

PART 2 - PURPOSES, PRINCIPLES AND ADMINISTRATION OF ACT

Division 1 - Purposes of Act and principles for its administration

4. Purposes of Act
5. Application of principles
5A. Paramount principle
5B. Other general principles
5BA. Principles for achieving permanency for a child
5C. Additional principles for Aboriginal or Torres Strait Islander children
5D. Principles about exercising powers and making decisions
5E. Principles for participation of children
5F. Principles about Aboriginal and Torres Strait Islander children—chief executive, litigation director and authorised officers
5G. Principles about Aboriginal and Torres Strait Islander children—Childrens Court
5H. Principle about Aboriginal and Torres Strait Islander children—consent to involvement of independent Aboriginal or Torres Strait Islander entities

Division 2 - Administration

6. Provision about the Child Protection (International Measures) Act 2003
7. Chief executive’s functions
7A. Explanation about entities involved in court applications

PART 3 - BASIC CONCEPTS

Division 1 - Key terms

8. Who is a child
9. What is harm
10. Who is a child in need of protection
11. Who is a parent
11A. Who is an independent Aboriginal or Torres Strait Islander entity

Division 2 - Custody and guardianship

12. What is effect of custody
13. What is effect of guardianship

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
13B. Action by relevant persons under other provisions
13C. Considerations when forming a reasonable suspicion about harm to a child
13D. Protection from liability

Division 2 - Mandatory reporting by particular persons

13E. Mandatory reporting by persons engaged in particular work
13F. Mandatory reporting relating to children in care
13G. Report to the chief executive
13H. Conferrals with colleague and related information sharing
13I. Reporting obligation arises when reportable suspicion is formed
13J. Particular reports to be given to public guardian

PART 1 - CHILDREN AT RISK OF HARM

14. Substantiation of alleged harm
15. Child’s parents and long-term guardians to be told about allegation of harm and outcome of investigation
16. Contact with child at immediate risk of harm
17. Contact with children in school, education and care service premises, family day care etc.
18. Child at immediate risk may be taken into custody
19. Effect of taking child into custody on existing order
20. Officer’s obligations on taking child into custody
21. Moving child to safe place
22. Unborn children

PART 2 - TEMPORARY ASSESSMENT ORDERS

Division 1 - Preliminary

23. (Repealed)
24. Purpose of part

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

25. Making of application for order
26. Deciding application
27. Making of temporary assessment order
28. Provisions of temporary assessment order
29. Duration of temporary assessment orders
30. Application by particular forms of communication and duplicate order
31. Order—procedure before entry

Division 3 - Other provisions about temporary assessment orders

32. Explanation of temporary assessment orders
33. Police officers to notify chief executive of certain orders
34. Extension of temporary assessment orders
35. Variation of temporary assessment orders
36. Effect of temporary assessment order on existing child protection orders

PART 3 - COURT ASSESSMENT ORDERS

Division 1 - Preliminary

37. Purpose of part

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

38. Application for court assessment order
39. Registrar to fix time and place for hearing
40. Public guardian to be notified, under an arrangement, of applications etc. for orders
41. Notice of application
42. Respondents to application
43. Hearing of application in absence of parents
44. Making of court assessment order
45. Provisions of court assessment order
46. Order—procedure before entry
47. Duration of court assessment orders

Division 3 - Other provisions about court assessment orders

48. Chief executive’s obligations after making of court assessment order
49. Extension of court assessment orders
50. Variation and revocation of court assessment orders
51. Effect of court assessment order on existing child protection orders

PART 3AA - TEMPORARY CUSTODY ORDERS

Division 1 - Preliminary

51AA. (Repealed)
51AB. Purpose of part

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

51AC. Making of application for order
51AD. Deciding application
51AE. Making of temporary custody order
51AF. Provisions of temporary custody order
51AG. Duration of temporary custody orders
51AH. Extension of temporary custody orders
51AI. Application by particular forms of communication and duplicate order
51AJ. Order—procedure before entry

Division 3 - Other provisions about temporary custody orders

51AK. Explanation of temporary custody orders
51AL. Variation of temporary custody orders
51AM. Effect of temporary custody order on existing child protection orders

PART 3A - CASE PLANNING

Division 1 - Preliminary

51A. What is case planning
51B. What is a case plan
51C. Children for whom case plans are required
51D. How case planning must be carried out
51E. (Repealed)
51F. (Repealed)

Division 2 - Family group meetings

51G. Purposes
51H. Convening a meeting
51I. Private convenors
51J. Function

Division 3 - Case planning at a family group meeting

51K. Application of div 3
51L. Who should be involved
51M. Preparing for the meeting
51N. Obtaining the views of persons not attending
51O. Recording the case plan developed at the meeting
51P. Development of plan at more than 1 meeting

Division 4 - Other steps in the case planning process

51Q. Dealing with a case plan developed at a meeting
51R. Dealing with an inappropriate plan
51S. Preparing the plan if not developed at a meeting
51T. Distributing and implementing the plan

Division 5 - Periodically reviewing the case plan

51U. Application of div 5
51V. Review of plan—no long-term guardian
51VAA. Particular review requirements for children under long-term guardianship of chief executive
51VA. Review of plan—long-term guardian
51VB. Review of plan—permanent guardian
51W. Who may participate
51X. Report about the review
51Y. Distributing and implementing the revised case plan

Division 6 - Admissibility or use of particular evidence

51YA. Evidence relating to family group meetings
51YB. Evidence relating to case plans

PART 3B - INTERVENTION WITH PARENTS’ AGREEMENT

Division 1 - Preliminary

51Z. Application of pt 3B
51ZA. What is intervention

Division 2 - Preference for intervention with parents’ agreement

51ZB. Considering intervention with agreement
51ZC. Working with the child and parents

Division 3 - Care agreements

51ZD. What is a care agreement
51ZE. Entering an agreement
51ZF. Requirements of an agreement
51ZG. Effect of particular agreement
51ZH. Period of an agreement
51ZI. Ending an agreement

PART 4 - CHILD PROTECTION ORDERS

Division 1 - Preliminary

52. (Repealed)
53. Purpose of part

Division 2 - Applications for, and making and effect of, child protection orders

53A. Chief executive’s role in support of litigation director
54. Application for child protection order
55. Registrar to fix time and place for hearing
55A. Public guardian to be notified, under an arrangement, of applications etc. for orders
56. Notice of application
57. Respondents to hearing
57A. Withdrawal of application
58. Hearing of application in absence of parents
59. Making of child protection order
59A. Additional matters about making permanent care orders for Aboriginal or Torres Strait Islander children
60. Extraterritoriality
61. Types of child protection orders
62. Duration of child protection orders

Division 3 - Other provisions about child protection orders

63. Chief executive’s obligations after making of child protection order
64. Extension of certain child protection orders
65. Variation and revocation of particular child protection orders
65AA. Variation and revocation of permanent care orders

Division 4 - Transition orders

65A. Court may make transition order
65B. Grounds for making transition order
65C. Effect of stay of decision about child protection order
65D. Transition plans

PART 5 - ADJOURNMENTS OF PROCEEDINGS AND COURT ORDERED CONFERENCES

Division 1 - Adjournments of proceedings

66. Court may adjourn proceedings
67. Court’s powers to make interim orders on adjournment
67A. Order—procedure before entry
68. Court’s other powers on adjournment of proceedings for child protection orders
68A. Access to information to prepare a court-ordered report
68B. Interim contact orders

Division 2 - Court ordered conferences

69. Registrar to appoint chairperson and convene conference
70. Attendance of parties
71. Communications inadmissible in evidence without consent
72. Report of conference

PART 6 - OBLIGATIONS AND RIGHTS UNDER ORDERS AND CARE AGREEMENTS

Division 1 - Chief executive’s obligations under child protection orders and care agreements

73. Chief executive’s obligations about meeting child’s protection and care needs under certain orders and agreements
74. Charter of rights for a child in care
74A. Chief executive’s obligations to children under particular child protection orders
75. Transition to independence

Division 2 - Orders for supervision

76. Application of div 2
77. Obligations of child’s parents and powers of authorised officers
78. Chief executive’s powers

Division 3 - Obligations under orders granting custody or guardianship to member of family or other suitable person

79. Obligations of family members and other persons to department under orders
79A. Obligations of long-term guardians and permanent guardians to children under orders
80. Obligations of family members and other persons to child’s parents
80A. Obligations if child is no longer cared for by long-term guardian or permanent guardian

Division 3A - Complaints about permanent guardians

80B. Making a complaint
80C. Chief executive may require further information
80D. Refusal to deal with complaint
80E. Dealing with complaint

Division 4 - Placing child in care

81. Application of div 4
82. Placing child in care
82A. Placement with more than 1 approved carer
83. Additional provisions for placing Aboriginal and Torres Strait Islander children in care
83A. Giving information to carers and children
84. Agreements to provide care for children
85. Chief executive to tell parents of placing child in care—assessment order
86. Chief executive to notify parents of placing child in care—child protection order
87. Chief executive to provide contact between child and child’s parents
88. Chief executive to provide contact between Aboriginal or Torres Strait Islander child and child’s community or language group
89. Removal from carer’s care
90. Notice of removal from care
91. Review of decision to remove child from carer’s care

Division 5 - Property of child

92. Application of div 5
93. Management of child’s property by public trustee
94. Audit of trust by public trustee

PART 7 - GENERAL

95. Report about person’s criminal history etc.
96. (Repealed)
97. Carrying out medical examinations or treatment
98. Carrying out social assessments
99. Particular orders continue pending decision on application for extension, variation, revocation or substitution

CHAPTER 2A - TRIBUNAL PROCEEDINGS

PART 1 - PRELIMINARY

99A. Application of ch 2A
99B. Definitions for ch 2A
99C. Object of ch 2A
99D. Tribunal to have regard to particular principles

PART 2 - TRIBUNAL PROCEEDINGS

99E. Registrar to give notice of review application
99F. Review applications by public guardian
99G. Government entity may nominate decision-maker
99H. Constitution of tribunal
99I. Power of tribunal to stay operation of decision limited in particular circumstances
99J. Proceedings relating to this Act must usually be held in private
99K. When proceeding may be held in public
99L. Adjournments
99M. When matter before court
99MA. Suspension of review proceeding if court may deal with contact matter
99N. Compulsory conferences

PART 3 - CHILDREN IN TRIBUNAL PROCEEDINGS

99O. Requirements about ensuring proper understanding of tribunal proceedings
99P. Review applications on behalf of children
99Q. Separate representation of children
99R. Separate representative must not be called to give evidence
99S. Representation of children
99T. Children must not be compelled to give evidence
99U. Child’s right to express views to tribunal
99V. Children giving evidence or expressing views to tribunal
99W. Questioning of children
99X. Provisions applying if party to review is a child who is a parent of the child about whom the reviewable decision was made

PART 4 - MEDICAL EXAMINATIONS

99Y. President or tribunal may authorise medical examination of child
99Z. Carrying out medical examinations

PART 5 - PARTIES

99ZA. Parties to review
99ZB. Certain persons may elect to become parties
99ZC. Joinder of person as party to review

PART 6 - CONFIDENTIALITY

99ZD. Confidentiality order
99ZE. Limited access to tribunal’s register of proceedings
99ZF. Limited access to tribunal’s record of proceedings
99ZG. Certain information not to be published

PART 7 - ENSURING TRIBUNAL DECISIONS AND RECOMMENDATIONS ARE GIVEN EFFECT

99ZH. Application of pt 7
99ZI. Requests to chief executive
99ZJ. What happens if decision not given effect etc.

CHAPTER 3 - COURT PROCEEDINGS

PART 1 - PRELIMINARY

100. Application of ch 3
101. Definition for ch 3

PART 2 - JURISDICTION

102. Court’s jurisdiction and constitution
103. Court’s jurisdiction unaffected by pending criminal proceeding

PART 3 - PROCEDURAL PROVISIONS

Division 1 - Court’s procedures

104. Court must have regard to particular principles and state reasons
105. Evidence
106. Court to ensure parties understand proceeding
107. Expert help

Division 2 - Right of appearance and representation at hearing

108. Right of appearance and representation
108A. (Repealed)
108B. Right of appearance of public guardian
108C. Public guardian’s role at hearing
108D. Access
109. Legal representation of child’s parents
110. Appointment of a separate representative
111. Legal representation of more than 1 child
112. Child can not be compelled to give evidence
113. Court may allow non-parties to take part in proceedings

Division 3 - General

114. Transfer of proceedings
115. Hearing of applications together
116. Costs

PART 4 - COURT APPEALS

117. Who may appeal
118. How to start appeal
118A. Appellant may ask clerk of court for hearing before respondent is served
119. Stay of operation of decisions
120. Hearing procedures
121. Powers of appellate court—appearance of respondent
121A. Powers of appellate court—absence of respondent

CHAPTER 4 - REGULATION OF CARE

PART 1 - STANDARDS OF CARE

122. Statement of standards

PART 2 - LICENSING OF CARE SERVICES AND APPROVAL OF CARERS

Division 1 - Preliminary

123. Purpose of pt 2
123A. Meaning of risk-assessed role

Division 2 - Licensing of care services

124. Individuals can not hold licences
125. Application for, or renewal of, licence
126. Restrictions on granting application
127. Grant of application
128. Duration of licence
129. Refusal of application
129A. Licensee’s obligations
130. Nominees

Division 3 - Approval of foster carers and kinship carers

131. Application of div 3
132. Holding a certificate
133. Process for initial issue of a certificate
134. Process to renew a certificate
135. Restrictions on granting application
136. Refusal of application

Division 3A - Provisional approval of carers

136A. Application and purpose of div 3A
136B. Holding a certificate
136C. Basis for issuing a certificate
136D. Issue of certificate

Division 4 - Amendment, suspension, cancellation and surrender of authorities

Subdivision 1 - Amendment

137. Amendment of authority on application of holder
138. Amendment of authority by the chief executive
138A. Amendment of kinship carer certificate to extend its expiry day
138B. Amendment of provisional certificate to extend its expiry day
138C. Other amendment of provisional certificate by the chief executive

Subdivision 2 - Suspension or cancellation, other than immediate suspension or cancellation

139. Authority may be suspended or cancelled
140. Procedure for suspension or cancellation
140AA. Procedure for suspension or cancellation of provisional certificate

Subdivision 3 - Immediate suspension or cancellation of particular authorities

140AB. Definitions for sdiv 3
140AC. Immediate suspension
140AD. Notice of suspension
140AE. Period of suspension
140AF. End of suspension
140AG. Cancellation of certificate of approval
140AH. Cancellation of licence
140AI. Notice of cancellation

Subdivision 4 - Other matters about amendment, suspension or cancellation

140A. Chief executive to give particular information to chief executive (employment screening)
140B. Amendment, suspension and cancellation of licences
141. Amendment, suspension and cancellation of other authorities

Subdivision 5 - Surrender

141A. Surrender of authorities

Division 5 - Notification of changes relating to authority holders and associated persons

141B. Meaning of personal history
141C. Personal history change—nominee
141D. Personal history change—other persons associated with a licence
141E. Personal history change—approved carer
141F. Personal history change—other household members
141G. Approved carer must notify other changes

Division 6 - Notification of other information about licences and associated persons

141H. Nominee for licence
141I. Director of licensee

Division 7 - Information sharing

142. Definition for division
142A. Persons whose suitability may be investigated
142B. Obtaining traffic information
142C. Obtaining police information from police commissioner
142D. Chief executive may enter into arrangement with police commissioner about giving and receiving information
142E. Obtaining interstate criminal history information about particular persons
142F. Use of expanded interstate criminal history

Division 8 - General

143. Effect of failure to decide application for, or for renewal of, authority
143A. Further consideration of application for authority
144. Offence to contravene condition of licence
145. Authorised officer may require production of licence, approval etc.
146. Authorised officer may enter and inspect licensed premises
147. Regular inspections of licensed residential facilities
148. (Repealed)
148A. Chief executive to notify chief executive (employment screening) about particular persons
148B. Obtaining particular information from chief executive (employment screening)

PART 2A - PRESCRIBED DELEGATES FOR ABORIGINAL OR TORRES STRAIT ISLANDER CHILDREN

148BA. Definitions for part
148BB. Chief executive may delegate functions or powers
148BC. Actions by chief executive prevail
148BD. Withdrawal by prescribed delegate
148BE. Automatic ending of delegation
148BF. Chief executive may require information about child
148BG. Chief executive may require information about delegate or proposed delegate
148BH. Obligation to notify chief executive of changed or new qualifying information
148BI. Giving information to proposed prescribed delegate

PART 3 - APPLICATION OF WORKING WITH CHILDREN ACT

148C. Application to licensed care service
148D. Pending working with children check application

PART 4 - SUPPORT AND TRAINING FOR APPROVED CARERS

148E. Chief executive’s responsibility to provide support and training

PART 5 - REGISTER OF APPLICANTS, AUTHORITY HOLDERS AND FORMER AUTHORITY HOLDERS

148F. Register of applicants, authority holders and former authority holders

CHAPTER 5 - ADMINISTRATION

PART 1 - AUTHORISED OFFICERS

149. Appointment
150. Limitation of powers
151. Conditions of appointment
152. Identity card
153. Production of identity card
154. Authorised officer to give notice of damage
155. Compensation

PART 1A - HONORARY OFFICERS

155A. Function
155B. Appointment
155C. Term
155D. Conditions of appointment

PART 2 - GENERAL

156. Delegation by chief executive
157. Approved forms
158. (Repealed)
159. Payments for care and maintenance

CHAPTER 5A - SERVICE DELIVERY COORDINATION AND INFORMATION SHARING

PART 1 - PRELIMINARY

159A. Purpose
159B. Principles for coordinating service delivery and sharing information
159BA. Who is a relevant child
159C. Chief executive must make guidelines
159D. (Repealed)
159E. Reference to family services

PART 2 - SERVICE DELIVERY COORDINATION

159F. General responsibilities
159G. Chief executive’s responsibilities
159H. Chief executive may ask particular entities to provide a service

PART 3 - THE SCAN SYSTEM

159I. Establishment of system
159J. Purpose
159K. Members
159L. Responsibilities of the core members

PART 4 - INFORMATION SHARING

159M. Definitions for part
159MA. Sharing information—reporting suspicion to chief executive
159MB. Sharing information—assessment or investigation
159MC. Sharing information—assessing care needs and planning services
159MD. Sharing information—decreasing likelihood of child becoming in need of protection
159ME. Sharing information—facilitating participation of child or child’s family
159MF. Facts or opinions may be shared
159N. Information requirement made by chief executive or authorised officer
159NA. Limits on information that may be shared

PART 5 - RELEASE OF HEALTH INFORMATION OR INFORMATION RELEVANT TO CORONIAL INVESTIGATION

159O. Release of information by a health services designated person
159P. Release of information for reporting or investigating a death under the Coroners Act

PART 6 - PROTECTION FROM LIABILITY AND INTERACTION WITH OTHER LAWS

159Q. Protection from liability for giving information
159R. Interaction with other laws

CHAPTER 6 - ENFORCEMENT AND LEGAL PROCEEDINGS

PART 1 - OFFENCES

160. Obstruction of authorised officer etc.
161. Impersonation of authorised officer
162. Offence to remove child from carer
163. Offence to remove child from carer—order made in another State
164. Offence to remove child from custody or guardianship
165. Offence to remove child from custody or guardianship—order made in another State
166. Offence to refuse contact with child in custody or guardianship
167. Offence for person to take child out of State
168. Offence not to comply with certain orders

PART 2 - PROSECUTION OF CERTAIN INTERSTATE OFFENCES

169. Consultation with chief executive before prosecution
170. Person not to be prosecuted twice

PART 3 - WARRANT FOR APPREHENSION OF CHILD

171. Application for warrant for apprehension of child
172. Issue of warrant
173. Application by particular forms of communication and duplicate warrant
174. Warrants—procedure before entry
175. Interstate warrants—arrangements for apprehended child until magistrate is available

PART 4 - GENERAL POWERS OF AUTHORISED OFFICERS AND POLICE OFFICERS

Division 1 - Preliminary

176. Application of pt 4

Division 2 - Power of seizure

177. Power of seizure
178. Procedure after seizure of thing
179. Forfeiture of seized thing on conviction
180. Dealing with forfeited things etc.

Division 3 - Other powers on entry

181. Power to photograph

PART 5 - EVIDENCE AND LEGAL PROCEEDINGS

182. Evidentiary provisions
183. Proceeding for offences
184. When proceeding may start

PART 6 - CONFIDENTIALITY AND DISCLOSURE

Division 1 - Preliminary

185. Definitions for pt 6

Division 2 - Confidentiality in relation to administration of Act

Subdivision 1 - Confidentiality of notifiers

186. Application of subdivision
186A. Identity of notifier not to be disclosed
186B. Disclosure by authorised person
186C. Disclosure in proceeding

Subdivision 2 - Other confidentiality provisions

187. Confidentiality of information obtained by persons involved in administration of Act
188. Confidentiality of information given by persons involved in administration of Act to other persons
188A. Police use of confidential information
188B. Disclosure of information to a child’s family group
188C. Chief executive may give information about third parties
188D. Chief executive may give information about particular deceased persons
188E. Chief executive must give police commissioner information about deceased child
189. Prohibition of publication of information leading to identity of children
189A. Making information available for Youth Justice Act 1992
189AA. Making information available for Public Guardian Act 2014
189AB. Giving information to corresponding child welfare authorities
189B. Access to information for prescribed research

Division 3 - Confidentiality and disclosure in relation to proceedings

189C. Litigation director’s duty of disclosure
189D. Consequences of non-disclosure
189E. Disclosure or use of documents or information disclosed in a proceeding
190. Production of department’s records
191. Refusal to disclose particular documents or information
192. Prohibition of publication of certain information for proceedings
193. Restrictions on reporting certain court proceedings
193A. (Repealed)

Division 4 - Other prohibition on publication

194. Publication of information identifying child victim
194A. Court direction allowing publication before examination of witnesses or trial
194B. Court direction allowing publication before appeal

PART 7 - GENERAL

195. Compliance with provisions about explaining and giving documents
196. Exercise of powers and compliance with obligations by others
197. Protection from liability for officials
197A. Protection from liability for giving information about alleged harm or risk of harm

CHAPTER 7 - INTERSTATE TRANSFERS OF CHILD PROTECTION ORDERS AND PROCEEDINGS

PART 1 - PRELIMINARY

Division 1 - Explanation, purpose and guiding principles

198. Explanation and purpose
199. Further guiding principle

Division 2 - Interpretation provisions about child protection orders

200. References to Queensland orders
201. Reference to child protection order includes certain orders of other States

Division 3 - Corresponding laws of other States

202. Meaning of law for div 3
203. Child welfare laws
204. Interstate laws

Division 4 - (Repealed)

PART 2 - TRANSFER OF AN ORDER TO ANOTHER STATE

Division 1 - Orders that may be transferred

206. Orders that may be transferred

Division 2 - Administrative transfers

207. Chief executive may transfer order
208. Provisions of proposed interstate order
209. Persons whose consent is required
210. Notice of decision
211. Limited time for applying for judicial review

Division 3 - Judicial transfers

212. Application for transfer
213. Procedural matters
214. Court may transfer order
215. Provisions of proposed interstate order
216. Notice of decision

Division 4 - Effect of transfer and registration

217. Application of div 4
218. Order ceases to have effect under this Act
219. Order may be revived under this Act

PART 3 - TRANSFER OF AN ORDER TO QUEENSLAND

220. Application of pt 3
221. Chief executive’s consent to transfer
222. Filing and registration of order
223. Effect of registration
224. Revocation of registration

PART 4 - TRANSFER OF PROCEEDINGS TO ANOTHER STATE

225. Application for transfer
226. Registrar to fix time and place for hearing
227. Notice of application
228. Court may transfer proceeding
229. Considerations for Childrens Court
230. Court may make interim order
231. Notice of decision to transfer
232. Effect of registration of order

PART 5 - TRANSFER OF PROCEEDINGS TO QUEENSLAND

233. Application of pt 5
234. Chief executive’s consent to transfer
235. Filing and registration of interstate transfer decision
236. Effect of registration of interstate transfer decision
237. Effect of registration of associated interim order
238. Revocation of registration

PART 6 - MISCELLANEOUS

Division 1 - Appeals

239. Appeal against decision of Childrens Court
240. Interim orders

Division 2 - Court files

241. Transfer of court file

PART 7 - (Repealed)

CHAPTER 7A - INTERNAL AGENCY REVIEWS FOLLOWING CHILD DEATHS OR INJURIES

PART 1 - PRELIMINARY

245. Overview of chapter and purpose of reviews
245A. Principles underlying chapter
245B. Definitions for chapter
245C. References to providing a service to a child

PART 2 - WHEN REVIEWS MUST BE CARRIED OUT

245D. Application of part
245E. Department review following involvement with child
245F. Department review at Minister’s request
245G. Notification about department review
245H. Other relevant agency review following involvement with child
245I. Other relevant agency review at Minister’s request
245J. Office of litigation director review

PART 3 - SCOPE OF REVIEWS

245K. Scope of relevant agency review
245L. Scope of litigation director review

PART 4 - CONDUCT OF REVIEWS AND REPORTING

245M. Triggering event for review
245N. Review to be completed and report prepared
245O. Giving report to child death review board
245P. Giving report to State Coroner
245Q. Giving report to department or litigation director
245R. Giving report to relevant agency or litigation director

PART 5 - INFORMATION SHARING AND PROTECTION FROM LIABILITY

245S. Purpose
245T. Confidential information may be given to relevant agencies
245U. Interaction with other laws
245V. Protection from liability for giving information
245W. No liability for defamation if report made in good faith
246. (Repealed)
246A. (Repealed)
246AA. (Repealed)
246AB. (Repealed)
246BA. (Repealed)
246B. (Repealed)
246C. (Repealed)
246D. (Repealed)
246DA. (Repealed)
246DB. (Repealed)
246DC. (Repealed)
246DD. (Repealed)
246E. (Repealed)
246F. (Repealed)
246G. (Repealed)
246H. (Repealed)
246HA. (Repealed)
246HB. (Repealed)
246HC. (Repealed)
246HD. (Repealed)
246HE. (Repealed)
246HF. (Repealed)
246HG. (Repealed)
246HH. (Repealed)
246HI. (Repealed)
246HJ. (Repealed)
246HK. (Repealed)
246HL. (Repealed)

CHAPTER 8 - MISCELLANEOUS

246I. (Repealed)
247. Reviews of reviewable decisions
248. (Repealed)
248A. (Repealed)
248B. Consultation about investigations and prosecutions
249. Regulation-making powers

CHAPTER 9 - REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS

PART 1 - REPEALS

250. Repeal of Children’s Services Act 1965
251. References to repealed Act

PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS FOR ACT NO. 10 OF 1999

252. Definitions for pt 2
253. Existing section 47 declarations and care and protection orders
254. Existing supervision orders
255. Existing section 134 declarations
256. Licensed institutions under repealed Act
257. Approved foster parents
258. Existing applications and proceedings for care and protection orders and care and control orders
259. Applications to revoke or substitute certain orders under repealed Act
259A. Appointment of guardian by deed under s 90 of repealed Act
260. Exemption from expiry of Children’s Services Regulation 1966

PART 2A - SAVINGS PROVISION FOR CHILD PROTECTION AMENDMENT ACT 2000

260A. Declaration under repealed s 243 (Transfer from a non-participating State)

PART 3 - SAVINGS AND TRANSITIONAL PROVISION FOR CHILD SAFETY LEGISLATION AMENDMENT ACT 2004

261. First reports under s 248(1)

PART 4 - TRANSITIONAL PROVISION FOR CHILD SAFETY LEGISLATION AMENDMENT ACT (NO. 2) 2004

262. Transitional—case planning

PART 5 - SAVINGS AND TRANSITIONAL PROVISIONS FOR CHILD SAFETY LEGISLATION AMENDMENT ACT 2005

263. Administrative approvals as carers
264. Current applications relating to foster carer certificates
265. Recognised entities

PART 6 - TRANSITIONAL PROVISIONS FOR CHILD SAFETY (CARERS) AMENDMENT ACT 2006

266. Definitions for pt 6
267. Application for licence
268. Application for particular certificate of approval

PART 7 - TRANSITIONAL PROVISION FOR CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010

269. Giving information about disciplinary action to children’s commissioner

PART 8 - TRANSITIONAL PROVISION FOR COMMUNITIES LEGISLATION (FUNDING RED TAPE REDUCTION) AMENDMENT ACT 2014

270. Honorary officers appointed under repealed Act

PART 9 - TRANSITIONAL PROVISION FOR CHILD PROTECTION REFORM AMENDMENT ACT 2014

271. Uncompleted child death case reviews

PART 10 - TRANSITIONAL PROVISIONS FOR CHILD PROTECTION REFORM AMENDMENT ACT 2016

272. Suspension of current tribunal proceedings dealing with contact matter
273. Duty of disclosure in current proceedings

PART 11 - TRANSITIONAL PROVISIONS FOR CHILD PROTECTION REFORM AMENDMENT ACT 2017

274. Applications for temporary custody orders
275. Existing case plans and reviews

PART 12 - TRANSITIONAL PROVISIONS FOR CHILD DEATH REVIEW LEGISLATION AMENDMENT ACT 2020

276. Definitions for part
277. Current reviews by chief executive or litigation director
278. Dissolution of review panels and pool of members
279. Child death review board may obtain documents for reviews under former provisions
280. Annual report about review panels

PART 13 - TRANSITIONAL PROVISIONS FOR CHILD PROTECTION REFORM AND OTHER LEGISLATION AMENDMENT ACT 2022

281. Definitions for part
282. Existing applications for extension of particular orders
283. Existing notices of appeal
284. Existing applications under ch 4, pt 2
285. Existing kinship carer certificates
286. Application of ss 141B and 141D to persons performing risk-assessed roles
287. Reviews of decisions under s 86
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3

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