Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SCHEDULE 3

SCHEDULE 3 – Dictionary

"Aboriginal and Torres Strait Islander child placement principle" , in relation to an Aboriginal or Torres Strait Islander child, see section 5C (2) .

"agency head" , for chapter 7A , see section 245B .

"aggrieved person" , for a reviewable decision, means a person stated opposite the decision in schedule 2 .

"appealable decision" ...

"appellate court" means—

(a) for a decision on an application for a court assessment order or child protection order, or for an order transferring a child protection order or child protection proceeding to a participating State—

(i) if the decision was made by the Childrens Court constituted by a judge—the Court of Appeal; or

(ii) if the decision was made by the Childrens Court constituted in another way—the Childrens Court constituted by a judge; or

(b) for a decision on an application for a temporary assessment order or temporary custody order—the Childrens Court constituted by a judge.

(a) generally, means—

(i) an approved foster carer; or

(ii) an approved kinship carer; or

(iii) a provisionally approved carer; or

(b) for chapter 4 , part 2 , division 4 , subdivision 3 —see section 140AB .

(a) a charge on an arrest;

(b) a notice to appear served under the Police Powers and Responsibilities Act 2000 , section 382 ;

(c) a complaint under the Justices Act 1886 ;

(d) a charge by a court under the Justices Act 1886 , section 42 (1A) , or another provision of an Act;

(e) an indictment.

(a) means a child protection order under chapter 2 , part 4 , including—

(i) an order extending, varying or revoking a child protection order; and

(ii) an interim order under section 67 in relation to a proceeding for a child protection order; and

(b) for chapter 7 , includes an order mentioned in section 201 .

(a) a proceeding under this Act for the making, extension, amendment or revocation of a child protection order; or

(b) a proceeding under a child welfare law of a participating State for—

(i) the making, extension, amendment or revocation of a child protection order or interim order; or

(ii) if, under that law, the making of a particular finding is a prerequisite to the making of a child protection order—the making of the finding.

(a) an order extending, varying or revoking a court assessment order; and

(b) an interim order under section 67 in relation to a proceeding for a court assessment order.

(a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this definition, including spent convictions;

(b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this definition;

(c) every disqualification order made under the Working with Children Act in relation to the person, whether before or after the commencement of this definition;

(d) every disqualification order and offender prohibition order made under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 in relation to the person, whether before or after the commencement of this definition.

(a) if the applicant or licensee is a company under the Corporations Act —a person appointed as a director of the applicant or licensee; or

(b) otherwise—a person who is, or is a member of, the executive or management entity, by whatever name called, of the applicant or licensee.

(a) members of the child’s extended family; and

(b) if the child belongs to a clan, tribe or similar group—members of that group; and

(c) anyone else recognised by persons mentioned in paragraph (a) or (b) as belonging to the child’s family.

(a) a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following—

(i) the dental profession as any of the following—

(A) dentist;

(B) dental therapist;

(C) dental hygienist;

(D) oral health therapist;

(ii) the nursing profession;

(iii) the medical profession;

(iv) the occupational therapy profession;

(v) the optometry profession;

(vi) the physiotherapy profession;

(vii) the psychology profession; or

(b) a person who is eligible for practising membership of The Speech Pathology Association of Australia Limited ACN 008 393 440; or

(c) a person who is eligible for membership of the Australian Association of Social Workers.

(a) for a licence—the licensee; or

(b) for a certificate of approval—the holder of the certificate.

(a) an order of a court in a participating State, made under an interstate law of that State, transferring a child protection order or child protection proceeding from that State to Queensland; or

(b) a decision of the interstate officer of a participating State, made under an interstate law of that State, to transfer a child protection order from that State to Queensland.

(a) a member of the child’s family group who is a person of significance to the child;

(b) if the child is an Aboriginal child—a person who, under Aboriginal tradition, is regarded as kin of the child;

(c) if the child is a Torres Strait Islander child—a person who, under Island custom, is regarded as kin of the child;

(d) another person—

(i) who is recognised by the child, or the child’s family group, as a person of significance to the child; and

(ii) if the child is an Aboriginal or Torres Strait Islander child—with whom the child has a cultural connection.

(a) a function that is or relates to dealing with a child protection matter under the Director of Child Protection Litigation Act 2016 ;

(b) a function mentioned in section 9 (1) of that Act.

Note—

See section 61 (f) (i) and (ii) .

1
"Member" , of a person’s household—

(a) includes—

(i) someone who lives in the person’s home; and

(ii) an adult who, because of the nature of their contact with the child in need of protection and the context in which that contact happens, may create an unacceptable level of risk to the child; but

(b) does not include a parent of the child living in the person’s home if the child was placed in the care of the person under section 82 (1) .

2
"Member" , of an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child, includes a person employed or engaged by the entity.

(a) for chapter 2 , parts 2 , 3 , 3AA , 3A and 4 , sections 67 and 117 and chapter 7 —means each of the following persons—

(i) the child’s mother or father;

(ii) a person in whose favour a parenting order operates;

(iii) a person, other than the chief executive, having custody or guardianship of the child under another Act or a law of another State;

(iv) a long-term guardian of the child;

(v) a permanent guardian of the child; or

(b) otherwise—see section 11 .

Note—

See section 61 (g) .

(a) land or premises; and

(b) a vehicle, boat or aircraft.

(a) a building or structure, or part of a building or structure; and

(b) land on which a building or structure is situated.

(a) to practise in the nursing profession, other than as a student; and

(b) in the registered nurses division of that profession.

(a) for chapter 2A —see section 99B ; or

(b) of the Childrens Court held at a place, includes the clerk of the Magistrates Court at the place.

(a) for chapter 2A —see section 99B ; or

(b) otherwise—a decision stated in schedule 2 .

(a) a State school under the Education (General Provisions) Act 2006 ; or

(b) an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 .

(a) for chapter 2A —see section 99Q (3) ; or

(b) for chapter 3 —see section 110 (1) (a) .

(a) the loss of a distinct part or an organ of the body; or

(b) serious disfigurement; or

(c) any bodily injury of a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health.

Examples of decisions relating to an Aboriginal or Torres Strait Islander child that may be significant decisions—

• a decision made in the course of investigating an allegation of harm to the child

• a decision about placing the child in care

• a decision by the litigation director about whether or not to apply for a child protection order for the child

(a) a student hostel established under the Education (General Provisions) Act 2006 , section 15 (b) ; or

(b) a student hostel operated with an allowance paid under the Education (General Provisions) Act 2006 , section 368 (1) (e) .

(a) for having the custody or guardianship of a child—a person who is a suitable person under a regulation and agrees to accept the custody or guardianship of the child; or

(b) for having the daily care of a child—a person who is a suitable person under a regulation; or

(c) for managing a licensed care service—a person who is a suitable person under a regulation; or

(d) for a director of an applicant for a licence or a licensee—a person who is a suitable person under a regulation; or

(e) for a nominee for a licence—a person who is a suitable person under a regulation; or

(f) for a person who will be, or is, performing a risk-assessed role for a licensed care service—a person who is a suitable person under a regulation; or

(g) for an approved foster carer—a person who is a suitable person under a regulation; or

(h) for an approved kinship carer—a person who is a suitable person under a regulation; or

(i) for a provisionally approved carer—a person who is a suitable person under a regulation; or

(j) for associating on a daily basis with children or a particular child—a person who is a suitable person under a regulation; or

(k) for being an independent Aboriginal or Torres Strait Islander entity for an Aboriginal or Torres Strait Islander child—a person who is a suitable person under a regulation.

(a) the Transport Operations (Road Use Management) Act 1995 , section 79 ;

Editor’s note—

Transport Operations (Road Use Management) Act 1995 , section 79 (Vehicle offences involving liquor or other drugs)

(b) the Criminal Code , section 328A .

Editor’s note—

Criminal Code , section 328A (Dangerous operation of a vehicle)