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CHILDREN'S PROTECTION ACT 1993


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Objects
   5.      Provisions relating to dealing with Aboriginal or Torres Strait Islander children
   6.      Interpretation
   7.      Care and Protection Co-ordinators

   PART 2--The Minister, the Chief Executive and child safe environments

           Division 1--The Minister

   8.      General functions of Minister

           Division 2--The Chief Executive

   8A.     General functions of the Chief Executive

           Division 3--Child safe environments

   8B.     Powers and obligations of responsible authority in respect of relevant history
   8BA.    Obligations of certain performers of prescribed functions in respect of relevant history
   8C.     Obligations of certain organisations
   8D.     Exemptions etc

           Division 4--Matters to be included in annual report of Department

   8E.     Matters to be included in annual report of Department

   PART 3--Custody agreements

   9.      Voluntary custody agreements

   PART 4--Notification and investigations

           Division 1--Notification of abuse or neglect

   10.     Interpretation
   11.     Notification of abuse or neglect
   12.     Protection from liability for voluntary or mandatory notification
   13.     Confidentiality of notification of abuse or neglect
   14.     Chief Executive not obliged to take action in certain circumstances

           Division 2--Removal of children in danger

   15.     Interpretation
   16.     Power to remove children from dangerous situations

           Division 3--Investigations

   19.     Investigations

           Division 4--Investigation and assessment orders

   20.     Application for order
   21.     Orders Court may make
   22.     Variation or discharge of orders
   23.     Power of adjournment
   24.     Obligation to answer questions or furnish reports
   25.     Orders not appealable

           Division 5--Examination and assessment of children

   26.     Examination and assessment of children

           Division 6--Other orders

   26A.    Definitions
   26B.    Protection of children at risk of genital mutilation

   PART 5--Children in need of care and protection

           Division 1--Family care meeting

   27.     Family care meetings to be convened by Minister
   28.     Purpose of family care meetings
   29.     Convening a family care meeting
   30.     Invited participants
   31.     Constitution of family care meeting
   32.     Procedures
   33.     Review of arrangements
   34.     Certain matters not admissible
   35.     Procedure where decisions not made or implemented
   36.     Guardians whose whereabouts are unknown

           Division 2--Care and protection orders

   37.     Application for care and protection order
   38.     Court's power to make orders
   39.     Adjournments
   40.     Variation or revocation of orders
   42.     Conference of parties
   43.     Effect of guardianship order
   44.     Non-compliance with orders

           Division 3--Chief Executive to take action in relation to persons with qualifying offences

   44A.    Interpretation
   44B.    Temporary guardianship instruments and restraining notices
   44C.    Court may grant an extension of time
   44D.    Evidentiary
   44E.    Information to be provided to Chief Executive

   PART 6--Procedural matters

   45.     Evidence etc
   46.     Service of applications on parties
   47.     Joinder of parties
   47A.    Right of other interested persons to be heard
   48.     Legal representation of child
   49.     Court may refer a matter to a family care meeting
   50.     Orders for costs

   PART 7--Children under Minister's care and protection

           Division 1--Powers of Minister

   51.     Powers of Minister in relation to children under the Minister's care and protection
   52.     Review of circumstances of child under long term guardianship of Minister

           Division 2--Offences relating to children under Minister's care and protection

   52AA.   Definition
   52AAB.  Direction not to harbour, conceal or communicate with child
   52AAC.  Offence of harbouring or concealing a child etc

   PART 7A--The Guardian, the Youth Advisory Committee and the Charter

           Division 1--The Guardian

   52A.    The Guardian
   52AB.   Independence
   52B.    Staff and resources
   52C.    The Guardian's functions and powers
   52CA.   Use and obtaining of information
   52D.    The Guardian's reporting obligations
   52DA.   Other reports
   52E.    Confidentiality of information

           Division 2--Youth Advisory Committee

   52EA.   Youth Advisory Committee

           Division 3--Charter of Rights for Children and Young People in Care

   52EB.   Development of Charter
   52EC.   Review of Charter
   52ED.   Consultation
   52EE.   Approval of Charter
   52EF.   Obligations of persons involved with children in care

           Division 4--Offences

   52EG.   Offence relating to intimidation
   52EH.   Offence relating to reprisals
   52EI.   Offence relating to obstruction etc
   52EJ.   Offence relating to the provision of information

   PART 7B--The Council for the Care of Children

   52F.    Establishment of the Council
   52G.    Terms of office of members
   52H.    Procedures of the Council
   52I.    Staff and resources
   52J.    Functions of the Council
   52K.    Council's reporting obligations
   52L.    Confidentiality of information

   PART 7C--The Child Death and Serious Injury Review Committee

           Division 1--Constitution and procedures of Committee

   52N.    Establishment of the Committee
   52O.    Terms of office of members
   52P.    Procedures of the Committee
   52Q.    Staff and resources

           Division 2--Functions and powers of the Committee

   52S.    Functions of the Committee
   52T.    Database
   52U.    Reporting cases to the Committee
   52V.    Powers of review
   52W.    Committee's reporting obligations

           Division 3--Confidentiality

   52X.    Confidentiality of information

   PART 8--Transfer of child protection orders and proceedings

           Division 1--Introductory

   53.     Purpose of Part
   54.     Interpretation

           Division 2--Administrative transfer of child protection order

   54A.    When Chief Executive may transfer order
   54B.    Persons whose consent is required
   54C.    Chief Executive to have regard to certain matters
   54D.    Notification to child and his or her guardians
   54E.    Limited period for review of decision

           Division 3--Judicial transfer of child protection order

   54F.    When Court may make order under this Division
   54G.    Type of order
   54H.    Court to have regard to certain matters
   54I.    Duty of Chief Executive to inform the Court of certain matters

           Division 4--Transfer of child protection proceedings

   54J.    When Court may make order under this Division
   54K.    Court to have regard to certain matters
   54L.    Interim order

           Division 5--Registration of interstate orders and proceedings

   54M.    Filing and registration of interstate documents
   54N.    Notification by Registrar
   54O.    Effect of registration
   54P.    Revocation of registration

           Division 6--Miscellaneous

   54Q.    Appeals
   54R.    Effect of registration of transferred order
   54S.    Transfer of Court file
   54T.    Hearing and determination of transferred proceeding
   54U.    Disclosure of information
   54V.    Discretion of Chief Executive to consent to transfer
   54W.    Evidence of consent of relevant interstate officer

   PART 9--Miscellaneous

   56.     Referrals to the Chief Executive
   57.     Delegation
   58.     Duty to maintain confidentiality
   59.     Reports of family care meetings not to be published
   59A.    Restrictions on reports of proceedings
   60.     Officers must produce evidence of authority
   61.     Hindering a person in execution of duty
   63.     Regulations
           SCHEDULE 1--Transitional provisions
           Legislative history


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