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CHILD PROTECTION ACT 1999 - SECT 95
Report about person’s criminal history etc.
95 Report about person’s criminal history etc.
(1) Subsection (2) applies if— (a) the chief executive intends to give a
report or make a recommendation to the Childrens Court, or is asked or
required by the court to give a report or make a recommendation to the court,
about— (i) a child’s parents; or
(ii) a person to whom the court is
considering granting custody or guardianship of a child; or
(b) the chief
executive proposes to place a child who is in the chief executive’s custody
or guardianship in the care of an individual, other than an approved carer,
who has agreed to care for the child (the
"proposed individual" ). Example for paragraph (b)— A child is placed in
the care of a member of the child’s family as part of a plan for
reunification with the child’s parents.
(2) For ensuring the chief
executive or court has all relevant information the chief executive or court
needs for assessing the suitability of a person to have the custody,
guardianship or care of a child who is found to be a child in need of
protection, the chief executive may ask— (a) the police commissioner to give
the chief executive a written report about the criminal history and domestic
violence history of— (i) the parents, person to whom the court is
considering granting custody or guardianship or an adult member of the
parents’ or person’s household; or
(ii) the proposed individual or an
adult member of the proposed individual’s household; and
(b) the chief
executive for transport to give the chief executive a written report about the
traffic history of the parents, person to whom the court is considering
granting custody or guardianship of the child or proposed individual.
(3)
Also, for the purpose of making any other decision under this Act, the chief
executive may— (a) ask the police commissioner to give the chief executive a
written report about the criminal history and domestic violence history of—
(i) a parent of the child; or
(ii) an adult member of a parent’s household;
or
(iii) an adult against whom an allegation of harm or risk of harm to a
child has been made; and
(b) ask the chief executive for transport to give
the chief executive a written report about the traffic history of a parent of
the child.
(4) The police commissioner or chief executive for transport must
comply with a request under subsection (2) or (3) .
(5) Subsections (2) (a)
and (3) (a) apply to the criminal history or domestic violence history in the
police commissioner’s possession or to which the police commissioner has
access.
(6) Subsection (4) applies despite the
Transport Operations (Road Use Management) Act 1995 , section 77 .
(7)
Subsection (8) applies to a person in relation to whom the police commissioner
must give a report mentioned in subsection (2) or (3) .
(8) Also, the police
commissioner may give the chief executive a copy of, or extract from, the
police commissioner’s records in relation to— (a) the commission or
alleged commission of the following offences by the person— (i) a personal
offence against anyone;
(ii) an offence against the Drugs Misuse Act 1986 ;
(iii) an offence against section 162 , 164 , 166 , 167 or 168 ; or
(b) an
application for a protection order under the
Domestic and Family Violence Protection Act 2012 in which the person is an
aggrieved or respondent under that Act.
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