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CHILD PROTECTION REFORM AMENDMENT ACT 2017 - As at 10 November 2017 - Act 44 of 2017


TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF THE CHILD PROTECTION ACT 1999

   3.      Act amended
   4.      Amendment of s 5A (Paramount principle)
   5.      Amendment of s 5B (Other general principles)
   6.      Insertion of new s 5BA
   7.      Replacement of s 5C (Additional principles for Aboriginal or Torres Strait Islander children)
   8.      Replacement of s 6 (Recognised entities and decisions about Aboriginal and Torres Strait Islander children)
   9.      Amendment of s 7 (Chief executive’s functions)
   10.     Amendment of s 13B (Action by relevant persons under other provisions)
   11.     Amendment of s 21A (Unborn children)
   12.     Amendment of s 23 (Meaning of parent in pt 2)
   13.     Amendment of s 37 (Meaning of parent in pt 3)
   14.     Amendment of s 51AA (Meaning of parent in pt 3AA)
   15.     Amendment of s 51AB (Purpose)
   16.     Amendment of s 51AE (Making of temporary custody order)
   17.     Amendment of s 51B (What is a case plan)
   18.     Amendment of s 51D (How case planning must be carried out)
   19.     Omission of s 51E (Who is a child’s family group)
   20.     Amendment of s 51F (Meaning of parent in pt 3A)
   21.     Amendment of s 51L (Who should be involved)
   22.     Amendment of s 51N (Obtaining the views of persons not attending)
   23.     Amendment of s 51S (Preparing the plan if not developed at a meeting)
   24.     Amendment of s 51V (Review of plan—no long-term guardian)
   25.     Insertion of new s 51VB
   26.     Amendment of s 51W (Who may participate)
   27.     Amendment of s 51X (Report about the review)
   28.     Amendment of s 51ZB (Considering intervention with agreement)
   29.     Amendment of s 51ZC (Working with the child and parents)
   30.     Amendment of s 52 (Meaning of parent in pt 4)
   31.     Amendment of s 59 (Making of child protection order)
   32.     Insertion of new s 59A
   33.     Amendment of s 61 (Types of child protection orders)
   34.     Amendment of s 62 (Duration of child protection orders)
   35.     Amendment of s 64 (Extension of certain child protection orders)
   36.     Amendment of s 65 (Variation and revocation of child protection orders)
   37.     Amendment of s 65A (Court may make transition order)
   38.     Insertion of new s 65AA
   39.     Amendment of s 70 (Attendance of parties)
   40.     Insertion of new s 74A
   41.     Replacement of s 75 (Transition from care)
   42.     Amendment of s 79 (Obligations of family members to department under orders)
   43.     Insertion of new s 79A
   44.     Replacement of s 80A (Obligations if child is no longer cared for by long-term guardian)
   45.     Insertion of new ch 2, pt 6, div 3A
   46.     Amendment of s 83 (Additional provisions for placing Aboriginal and Torres Strait Islander children in care)
   47.     Amendment of s 97 (Carrying out medical examinations or treatment)
   48.     Insertion of new ch 4, pt 2A
   49.     Amendment of s 156 (Delegation by chief executive)
   50.     Amendment of s 159 (Payments for care and maintenance)
   51.     Amendment of ch 5A, hdg (Service delivery coordination and information exchange)
   52.     Amendment of s 159A (Purpose)
   53.     Amendment of s 159B (Principles for coordinating service delivery and exchanging information)
   54.     Replacement of ss 159C and 159D
   55.     Amendment of s 159F (Service providers’ responsibilities)
   56.     Amendment of s 159G (Chief executive’s responsibilities)
   57.     Amendment of s 159H (Chief executive may ask particular prescribed entities to provide a service)
   58.     Amendment of s 159J (Purpose)
   59.     Amendment of s 159K (Members)
   60.     Amendment of s 159L (Responsibilities of the core members)
   61.     Replacement of ch 5A, pt 4, hdg (Information exchange)
   62.     Replacement of s 159M (Particular prescribed entities giving and receiving relevant information)
   63.     Amendment of s 159N (Information requirement made by chief executive or authorised officer)
   64.     Insertion of new s 159NA
   65.     Amendment of s 159O (Release of information by a health services designated person)
   66.     Amendment of s 159R (Interaction with other laws)
   67.     Amendment of s 182 (Evidentiary provisions)
   68.     Amendment of s 187 (Confidentiality of information obtained by persons involved in administration of Act)
   69.     Amendment of s 188 (Confidentiality of information given by persons involved in administration of Act to other persons)
   70.     Amendment of s 188B (Disclosure of information to a child’s family group)
   71.     Insertion of new ss 188C–188E
   72.     Insertion of new s 189AB
   73.     Replacement of s 189B (Research)
   74.     Amendment of s 193 (Restrictions on reporting certain court proceedings)
   75.     Amendment of s 194 (Publication of information identifying child victim)
   76.     Amendment of s 205 (Meaning of parent for ch 7)
   77.     Amendment of s 206 (Orders that may be transferred)
   78.     Amendment of s 246DA (Review panel may obtain further information)
   79.     Omission of s 246I (Recognised entities)
   80.     Insertion of new ch 9, pt 11
   81.     Amendment of sch 2 (Reviewable decisions and aggrieved persons)
   82.     Amendment of sch 3 (Dictionary)

   PART 3 - AMENDMENT OF DIRECTOR OF CHILD PROTECTION LITIGATION ACT 2016

   83.     Act amended
   84.     Amendment of s 5 (Paramount principle)
   85.     Amendment of s 6 (Other general principles)
   86.     Amendment of s 15 (When chief executive (child safety) must refer child protection matter)
   87.     Amendment of s 16 (Requirements for referral of child protection matter)

   PART 4 - AMENDMENT OF OTHER ACTS

           Division 1 - Amendment of Adoption Act 2009

   88.     Act amended
   89.     Amendment of s 312 (Evidentiary provisions for proceedings under this Act)
   90.     Amendment of s 314 (Confidentiality of information obtained by persons involved in administration of Act)
   91.     Amendment of s 318 (Meaning of appropriate Aboriginal or Torres Strait Islander person)
   92.     Amendment of s 321 (Protection from liability)
   93.     Amendment of sch 3 (Dictionary)

           Division 2 - Amendment of Public Guardian Act 2014

   94.     Act amended
   95.     Amendment of s 13 (Functions—relevant child, etc.)
   96.     Amendment of s 86 (Prescribed entities)
   97.     Amendment of sch 1 (Dictionary)


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