1 Short title
3 Objects of Act
4 Fundamental principles
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
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
Children's Protection Act 1993—11.4.2015
Contents
2 This version is not published under the Legislation Revision and Publication Act 2002 [10.4.2015]
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
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
11.4.2015—Children's Protection Act 1993
Contents
[10.4.2015] This version is not published under the Legislation Revision and Publication Act 2002 3
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
Children's Protection Act 1993—11.4.2015
Contents
4 This version is not published under the Legislation Revision and Publication Act 2002 [10.4.2015]
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
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Contents
[10.4.2015] This version is not published under the Legislation Revision and Publication Act 2002 5
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
1 Responsible authority to obtain criminal history
Legislative history