Queensland: Child Protection Act 1999 (Qld)

Child Protection Act 1999 An Act about the protection of children, and for other purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Child Protection Act 1999. 2 Commencement (1) Section 260 commences on the date of assent. (2) The remaining provisions commence on a day to be fixed by proclamation. 3 Definitions (1) The dictionary in schedule 3 defines particular words used in this Act. (2) Key terms used in this Act are defined in part 3, division 1. 3A [Repealed] Part 2 Purposes, principles and administration of Act Division 1 Purposes of Act and principles for its administration 4 Purposes of Act The purposes of this Act are— (a) to provide for the protection of children; and (b) to promote the safety of children; and (c) to the extent that it is appropriate, to support families caring for children. 5 Application of principles (1) This Act is to be administered under the principles stated in this division. (2) All other principles stated in this Act are subject to the principle stated in section 5A. 5A Paramount principle The main principle for administering this Act is that the safety, wellbeing and best interests of a child, both through childhood and for the rest of the child's life, are paramount. Example— If the chief executive is making a decision under this Act about a child where there is a conflict between the child's safety, wellbeing and best interests (whether immediate or long-term in nature), and the interests of an adult caring for the child, the conflict must be resolved in favour of the child's safety, wellbeing and best interests. 5B Other general principles The following general principles are relevant to making decisions relating to the safety, wellbeing and best interests of a child— (a) a child has a right to be protected from harm or risk of harm; (b) a child's family has the primary responsibility for the child's upbringing, protection and development; (c) the preferred way of ensuring a child's safety and wellbeing is through supporting the child's family; (d) if a child does not have a parent who is able and willing to protect the child, the State is responsible for protecting the child; (e) in protecting a child, the State should only take action that is warranted in the circumstances; (f) if a child is removed from the child's family, support should be given to the child and the child's family for the purpose of allowing the child to return to the child's family if the return is in the child's best interests; (g) if a child does not have a parent able and willing to give the child ongoing protection in the foreseeable future, the child should have long-term alternative care; (h) if a child is removed from the child's family, consideration should be given to placing the child, as a first option, in the care of kin; (i) if a child is removed from the child's family, the child should be placed with the child's siblings, to the extent that is possible; (j) a child should only be placed in the care of a parent or other person who has the capacity and is willing to care for the child (including a parent or other person with capacity to care for the child with assistance or support); (k) a child should be able to maintain relationships with the child's parents and kin, if it is appropriate for the child; (l) a child should be able to know, explore and maintain the child's identity and values, including their cultural, ethnic and religious identity and values; (m) a delay in making a decision in relation to a child should be avoided, unless appropriate for the child; (n) a child has the right to express the child's views about what is, and is not, in the child's best interests. 5BA Principles for achieving permanency for a child (1) The principles stated in this section are relevant to making decisions about actions to be taken, or orders to be made, under this Act. (2) For ensuring the wellbeing and best interests of a child, the action or order that should be preferred, having regard to the principles mentioned in sections 5B and 5C, is the action or order that best ensures the child experiences or has— (a) ongoing positive, trusting and nurturing relationships with persons of significance to the child, including the child's parents, siblings, extended family members and carers; and (b) stable living arrangements, with connections to the child's community, that meet the child's developmental, educational, emotional, health, intellectual and physical needs; and Example— living arrangements that provide for a stable and continuous schooling environment (c) legal arrangements for the child's care that provide the child with a sense of permanence and long-term stability, including, for example, a long-term guardianship order, a permanent care order or an adoption order for the child. Note— See sections 62 and 64 about the restrictions on the duration or extension of child protection orders granting custody or short-term guardianship. (3) For this Act, permanency, for a child, means the experience by the child of having the things mentioned in subsection (2)(a) to (c). (4) For deciding whether an action or order best achieves permanency for a child, the following principles also apply, in order of priority— (a) the first preference is for the child to be cared for by the child's family; (b) the second preference is for the child to be cared for under the guardianship of a person who is a member of the child's family, other than a parent of the child, or another suitable person; (c) if the child is not an Aboriginal or Torres Strait Islander child—the next preference is for the child to be adopted under the Adoption Act 2009; (d) the next preference is for the child to be cared for under the guardianship of the chief executive; (e) if the child is an Aboriginal or Torres Strait Islander child—the last preference is for the child to be adopted under the Adoption Act 2009. Notes— 1 See also section 5C for the additional principles that apply for administering this Act in relation to Aboriginal and Torres Strait Islander children, including the Aboriginal and Torres Strait Islander child placement principle. 2 For the principles that apply for administering the Adoption Act 2009, including the additional principles applying in relation to Aboriginal and Torres Strait Islander children, see sections 6 and 7 of that Act. 5C Additional principles for Aboriginal or Torres Strait Islander children (1) The following additional principles apply for administering this Act in relation to Aboriginal or Torres Strait Islander children— (a) Aboriginal and Torres Strait Islander people have the right to self-determination; (b) the long-term effect of a decision on the child's identity and connection with the child's family and community must be taken into account. (2) The following principles (together the Aboriginal and Torres Strait Islander child placement principle) also apply in relation to Aboriginal or Torres Strait Islander children— (a) the principle (the prevention principle) that a child has the right to be brought up within the child's own family and community; (b) the principle (the partnership principle) that Aboriginal or Torres Strait Islander persons have the right to participate in— (i) significant decisions under this Act about Aboriginal or Torres Strait Islander children; and (ii) decisions relating to the development and delivery of services, provided by the department, that— (A) support Aboriginal or Torres Strait Islander families; or (B) provide for the care or protection of Aboriginal or Torres Strait Islander children; (c) the principle (the placement principle) that, if a child is to be placed in care, the child has a right to be placed with a member of the child's family group; Note— See section 83 for provisions for placing Aboriginal and Torres Strait Islander children in care. (d) the principle (the participation principle) that a child and the child's parents and family members have a right to participate, and be enabled to participate, in an administrative or judicial process for making a significant decision about the child; (e) the principle (the connection principle) that a child has a right to be supported to develop and maintain a connection with the child's family, community, culture, traditions and language, particularly when the child is in the care of a person who is not an Aboriginal or Torres Strait Islander person. 5D Principles about exercising powers and making decisions (1) The following principles are relevant to exercising a power or making a decision under this Act— (a) a power under this Act should be exercised in a way that is open, fair and respectful of the rights of each person affected by the exercise of the power; (b) to the extent that it is appropriate, the views of relevant persons should be sought and taken into account before a decision is made under this Act; Note— See also section 5E in relation to the exercise of a power, or the making of a decision, under this Act that affects, or may affect, a child. (c) if a relevant person for a decision under this Act needs help to participate in or understand the decision-making process, or to understand a statutory right relevant to the decision, the relevant person should be given help; (d) a relevant person for a decision under this Act may obtain their own legal advice, or be represented by a lawyer or supported by another person, in relation to the decision-making process; (e) information about a child affected by a decision under this Act should be shared— (i) only to the extent necessary for the purposes of this Act; and (ii) in a way that protects the child's privacy. (2) This section does not apply to a court or the tribunal. (3) In this section— relevant person, for a decision, means each of the following persons— (a) the child to whom the decision relates; (b) a person who is a parent or sibling of the child and is affected by the decision; (c) any long-term guardian of the child. 5E Principles for participation of children (1) This section applies if a person— (a) exercises, or will exercise, a power under this Act that affects, or may affect, a child; or (b) makes, or will make, a decision under this Act that affects, or may affect, a child. (2) Unless a provision of this Act states otherwise, the person must ensure the following in relation to the exercise of the power or the making of the decision— (a) the child is given meaningful and ongoing opportunities to participate; (b) the child is allowed to decide whether or not the child will participate; (c) the child is given information that is reasonably necessary to allow the child to participate; (d) the child is advised about what help is available to the child; (e) the person understands and considers, or makes a genuine attempt to understand and consider, any views expressed by the child; (f) the child is allowed to express views that are different to views previously expressed by the child; (g) communication with the child is carried out in a way that is appropriate for the child; (h) a record of views expressed by the child is made that, if appropriate, uses the child's words. (3) If the child decides to participate in the exercise of the power or the making of the decision, the person must ensure that— (a) the child is allowed to decide how the child will participate; and Examples of how a child may decide to participate— • communicating verbally or non-verbally • communicating directly with a particular person • communicating indirectly through a trusted person, including, for example, a member of the child's family or family group, the child's carer or the public guardian • communicating indirectly through an independent person, including, for example, the child's legal representative or health practitioner • communicating indirectly through a written statement or an audio or video recording • communicating indirectly through an expert in a report prepared by the expert • participating separately from particular persons (b) the person listens to and engages with, or makes a genuine attempt to listen to and engage with, the child; and (c) the child is given help to participate if the child requires it. (4) If the child decides not to participate, or is otherwise unable to participate, in the exercise of the power or the making of the decision, the person must ensure— (a) the person obtains, or makes a genuine attempt to obtain, the views of the child in another way that is appropriate for the child; and Example of a way to obtain a child's views that may be appropriate— a report prepared by a psychologist for the child (b) the child's decision, or inability, does not operate to the detriment of the child in relation to the exercise of the power or the making of the decision. (5) This section does not apply to a court or the tribunal. 5F Principles about Aboriginal and Torres Strait Islander children—chief executive, litigation director and authorised officers (1) This section applies to the following persons (each a relevant authority)— (a) the chief executive; (b) the litigation director; (c) an authorised officer. (2) When making a significant decision about an Aboriginal or Torres Strait Islander child, a relevant authority must— (a) make active efforts to apply the Aboriginal and Torres Strait Islander child placement principle in relation to the child; and (b) in consultation with the child and the child's family, arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the child and the child's family in the decision-making process. (3) However, subsection (2)(b) does not apply if— (a) complying with the subsection— (i) is not practicable because an independent Aboriginal or Torres Strait Islander entity for the child is not available or urgent action is required to protect the child; or (ii) is likely to have a significant adverse effect on the safety or psychological or emotional wellbeing of the child or any other person; or (iii) is otherwise not in the child's best interests; or (b) section 5H applies in relation to the involvement of an independent Aboriginal or Torres Strait Islander entity for the child. (4) Also, subsection (2)(b) does not apply if— (a) the relevant authority is the litigation director; and (b) the litigation director is satisfied the chief executive or an authorised officer has already complied with the requirement in relation to the significant decision. (5) As far as reasonably practicable, a relevant authority must, in performing a function under this Act involving an Aboriginal or Torres Strait Islander person (whether a child or not), perform the function— (a) in a way that allows the full participation of the person and the person's family group; and (b) in a place that is appropriate to Aboriginal tradition or Island custom. (6) In this section— active efforts, to apply the Aboriginal and Torres Strait Islander child placement principle, means purposeful, thorough and timely efforts to apply the principle. 5G Principles about Aboriginal and Torres Strait Islander children—Childrens Court (1) This section applies to the Childrens Court. (2) When exercising a power under this Act in relation to an Aboriginal or Torres Strait Islander child, the court must have regard to— (a) Aboriginal tradition and Island custom relating to the child; and Note— The Acts Interpretation Act 1954, schedule 1, contains definitions of Aboriginal tradition and Island custom. (b) the Aboriginal and Torres Strait Islander child placement principle in relation to the child. (3) To inform itself about the matters mentioned in subsection (2)(a), the court may have regard to the views about those matters of— (a) an independent Aboriginal or Torres Strait Islander entity for the child; or (b) the child; or (c) a member of the child's family. 5H Principle about Aboriginal and Torres Strait Islander children—consent to involvement of independent Aboriginal or Torres Strait Islander entities (1) This section applies if— (a) an independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, intends to carry out a relevant activity for the child; and (b) either or both of the following apply— (i) if it is appropriate for the child to consent to the carrying out of the relevant activity by the entity—the child does not consent to the carrying out of the relevant activity by the entity; (ii) the child's family does not consent to the carrying out of the relevant activity by the entity. (2) The independent Aboriginal or Torres Strait Islander entity must not carry out the relevant activity for the child. (3) In this section— relevant activity, for an Aboriginal or Torres Strait Islander child, means any of the following activities— (a) facilitating the participation of the child, and the child's family, in a decision-making process; (b) attending, and participating in, a case planning meeting for the child; (c) participating in the review and preparation of a revised case plan for the child; (d) otherwise participating in a family group meeting for the child; (e) attending a court ordered conference, under chapter 2, part 5, division 2, related to the child. Division 2 Administration 6 Provision about the Child Protection (International Measures) Act 2003 The Child Protection (International Measures) Act 2003 includes provisions about the exercise of jurisdiction under this Act. 7 Chief executive's functions (1) For the proper and efficient administration of this Act, the chief executive's functions are— (a) providing, or helping provide, information for parents and other members of the community about the development of children and their safety needs; and (b) providing, or helping provide, preventative and support services to strengthen and support families and to reduce the incidence of harm to children; and (c) providing, or helping provide, services to families to protect their children if a risk of harm has been identified; and (d) providing, or helping provide, services for the protection of children and responding to allegations of harm to children; and (e) providing, or helping provide, services that encourage children in their development into responsible adulthood; and (f) helping Aboriginal and Torres Strait Islander communities to establish programs for preventing or reducing incidences of harm to children in the communities; and (g) ensuring children have meaningful and ongoing opportunities to participate in decisions of the chief executive about programs and services relating to the purposes of this Act; and (h) providing support and training to approved carers to help them care for children under this Act; and (i) negotiating and reviewing a statement of commitment between the State and organisations with an interest in the care of children under this Act that includes the provision of support and resources by the department to approved carers; and (j) promoting a partnership between the State, local government, non-government agencies and families in taking responsibility for, and dealing with the problem of, harm to children; and (k) promoting a partnership between the State and foster carers that recognises the integral part played by foster carers in caring for children under this Act; and (l) promoting and helping in developing coordinated responses to allegations of harm to children and responses to domestic violence; and (m) cooperating with government entities that have a function relating to the protection of children or provide services to children in need of protection or their families; and (n) ensuring access by children in care to advocacy services and cooperating with the services to help ensure that the children's concerns are dealt with; and (o) consulting with clients of the department and of organisations involved in providing services relating to the purposes of this Act and with client representative groups; and (p) arranging for independent Aboriginal or Torres Strait Islander entities for Aboriginal or Torres Strait Islander children to facilitate the participation of the children and the children's families when making decisions in relation to the children; and (q) reviewing, under chapter 7A, the department's involvement with certain children who have since died or who have suffered serious physical injury— (i) to facilitate ongoing learning and improvement in the provision of services by the department; and (ii) to promote the accountability of the department; and (iii) to support collaboration and joint learning between the department and other relevant agencies; and (r) providing, or helping provide, public education about child abuse and neglect and to encourage people whose occupation involves responsibility for children and members of the public to report suspected child abuse and neglect to the chief executive; and (s) collecting and publishing, or helping to collect and publish, information and statistics about— (i) harm to children; and (ii) the life outcomes of children in care; and (iii) the relationship between the criminal justice system and the child protection system; and (t) promoting and conducting research into— (i) the causes and effects of harm to children; and (ii) the life outcomes of children in care; and (iii) the relationship between the criminal justice system and the child protection system; and (u) encouraging tertiary institutions to provide instruction about harm to children and its prevention and treatment. (2) In this section— children in care means children in the chief executive's custody or guardianship. relevant agency see section 245B. 7A Explanation about entities involved in court applications (1) The scheme under this Act includes the making of court orders to— (a) authorise actions as part of an investigation to assess whether a child is a child in need of protection; or (b) ensure a child's protection. (2) Authorised officers appointed by the chief executive are empowered to apply for temporary assessment orders, court assessment orders and temporary custody orders. (3) Police officers are empowered to apply for temporary assessment orders and court assessment orders. (4) Under the Director of Child Protection Litigation Act 2016, the litigation director is empowered to apply for child protection orders. (5) The chief executive is responsible for working collaboratively with the litigation director in relation to applications for child protection orders, including by collecting and preparing evidence. Part 3 Basic concepts Division 1 Key terms 8 Who is a child A child is an individual under 18 years. 9 What is harm (1) Harm, to a child, is any detrimental effect of a significant nature on the child's physical, psychological or emotional wellbeing. (2) It is immaterial how the harm is caused. (3) Harm can be caused by— (a) physical, psychological or emotional abuse or neglect; or (b) sexual abuse or exploitation. (4) Harm can be caused by— (a) a single act, omission or circumstance; or (b) a series or combination of acts, omissions or circumstances. 10 Who is a child in need of protection A child in need of protection is a child who— (a) has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm; and (b) does not have a parent able and willing to protect the child from the harm. 11 Who is a parent (1) A parent of a child is the child's mother, father or someone else (other than the chief executive) having or exercising parental responsibility for the child. (2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child. (3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child. (4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child. (5) A reference in this Act to the parents of a child or to 1 of the parents of a child is, if the child has only 1 parent, a reference to the parent. Note— See also schedule 3, definition parent, paragraph (a). 11A Who is an independent Aboriginal or Torres Strait Islander entity (1) An entity is an independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, if— (a) the entity is— (i) an individual who is an Aboriginal or Torres Strait Islander person; or (ii) another entity whose members include individuals who are Aboriginal or Torres Strait Islander persons; and (b) the chief executive is satisfied the entity— (i) provides services to Aboriginal or Torres Strait Islander persons; or (ii) is a representative of the child's community or language group; or (iii) satisfies the requirements mentioned in subsection (2); and (c) is a suitable person to be an independent Aboriginal or Torres Strait Islander entity for the child. Examples of persons who may be independent Aboriginal or Torres Strait Islander entities for Aboriginal or Torres Strait Islander children— • an Aboriginal or Torres Strait Islander elder • an entity funded by a State or the Commonwealth to provide cultural services, including cultural advice and support, to Aboriginal or Torres Strait Islander persons (2) For subsection (1)(b)(iii), the requirements are that the entity is an individual who— (a) is a person of significance to the child or child's family; and (b) is a suitable person for associating on a daily basis with the child; and (c) is a person with appropriate authority to speak about Aboriginal or Torres Strait Islander culture in relation to the child or the child's family; and (d) is not an officer or employee of the department. Division 2 Custody and guardianship 12 What is effect of custody (1) This section applies if— (a) an authorised officer or police officer takes a child into the chief executive's custody; or Note— Under section 18, a child at immediate risk of harm may be taken into custody. (b) the chief executive has custody of a child under a care agreement; or (c) the chief executive or someone else is granted custody of a child under an assessment order, temporary custody order or child protection order. (2) The chief executive, or other person granted custody of the child, has— (a) the right to have the child's daily care; and (b) the right and responsibility to make decisions about the child's daily care. 13 What is effect of guardianship If the chief executive or someone else is granted guardianship of a child under a child protection order, the chief executive or other person has— (a) the right to have the child's daily care; and (b) the right and responsibility to make decisions about the child's daily care; and (c) all the powers, rights and responsibilities in relation to the child that would otherwise have been vested in the person having parental responsibility for making decisions about the long-term care, wellbeing and development of the child. Chapter 2 Protection of children Part 1AA Informing the chief executive about harm or risk of harm to children Division 1 General 13A Action by persons generally (1) Any person may inform the chief executive if the person reasonably suspects— (a) a child may be in need of protection; or (b) an unborn child may be in need of protection after he or she is born. (2) The information given may include anything the person considers relevant to the person's suspicion. 13B Action by relevant persons under other provisions (1) Under division 2, if a relevant person has a reportable suspicion about a child, the person is required to report the matter to the chief executive. (2) If a relevant person does not have a reportable suspicion about a child but considers the child is likely to become a child in need of protection if no preventative support is given, the person may take other appropriate action under this Act. (3) For example, if the relevant person is a prescribed entity to which section 159MD(1) applies, the person may give information under that section to a service provider so the service provider can offer help and support to the child or child's family to stop the child becoming a child in need of protection. 13C Considerations when forming a reasonable suspicion about harm to a child (1) This section applies to a person in forming a reasonable suspicion, for section 13A(1) or division 2, about whether a child has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm. (2) The matters that the person may consider include— (a) whether there are detrimental effects on the child's body or the child's psychological or emotional state— (i) that are evident to the person; or (ii) that the person considers are likely to become evident in the future; and (b) in relation to any detrimental effects mentioned in paragraph (a)— (i) their nature and severity; and (ii) the likelihood that they will continue; and (c) the child's age. (3) The person's consideration may be informed by an observation of the child, other knowledge about the child or any other relevant knowledge, training or experience that the person may have. 13D Protection from liability Section 197A provides for protection from liability for information given under this part. Division 2 Mandatory reporting by particular persons 13E Mandatory reporting by persons engaged in particular work (1) This section applies to a person (a relevant person) who is any of the following — (a) a doctor; (b) a registered nurse; (c) a teacher; (d) a police officer who, under a direction given by the commissioner of the police service under the Police Service Administration Act 1990, is responsible for reporting under this section; (e) a person engaged to perform a child advocate function under the Public Guardian Act 2014; (f) an early childhood education and care professional. (2) For this section, a reportable suspicion about a child is a reasonable suspicion that the child— (a) has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse; and (b) may not have a parent able and willing to protect the child from the harm. (3) If a relevant person forms a reportable suspicion about a child in the course of the person's engagement as a relevant person, the person must give a written report to the chief executive under section 13G. (4) In this section— early childhood education and care professional means an individual, other than a volunteer or an individual under the age of 18, who is— (a) any of the following under the Education and Care Services Act 2013— (i) an approved provider; (ii) a supervisor for a QEC approved service; (iii) an educator for a QEC approved service; or (b) any of the following under the Education and Care Services National Law (Queensland)— (i) an approved provider; (ii) a nominated supervisor for an approved education and care service; (iii) an educator for an approved education and care service; (iv) a family day care co-ordinator for an approved family day care service; (v) a family day care educator for an approved family day care service. 13F Mandatory reporting relating to children in care (1) This section applies to a person (a relevant person) who is any of the following— (a) an authorised officer; (b) a public service employee employed in the department; (c) a person employed in a departmental care service or licensed care service; (d) an approved carer; (e) a person employed in an entity mentioned in section 82(1)(f). (2) For this section, a reportable suspicion about a child in care is a reasonable suspicion that the child has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse. (3) If a relevant person forms a reportable suspicion about a child in care, the person must give a report to the chief executive under section 13G. (4) In this section— child in care means a child placed in care under section 82(1). 13G Report to the chief executive (1) This section applies to a report that a relevant person is required to give under section 13E or 13F. (2) The report must— (a) state the basis on which the person has formed the reportable suspicion; and (b) include the information prescribed by regulation, to the extent of the person's knowledge. (3) The person is not required to give a report about a matter if— (a) giving the report might tend to incriminate the person; or (b) the person knows, or reasonably supposes, that the chief executive is aware of the matter. (4) A regulation may prescribe the way the report must be given. (5) To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under section 13E(3) or 13F(3) or this section. 13H Conferrals with colleague and related information sharing (1) A relevant person may give information to a colleague, and a colleague may give information to a relevant person, for any of the following purposes— (a) for the relevant person to form a suspicion about whether a child has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse; (b) in the case of a relevant person under section 13E—for the relevant person to form a suspicion about whether a child has a parent able and willing to protect the child from harm mentioned in paragraph (a); (c) for the relevant person to give a report under section 13G or keep a record about giving a report; (d) for the relevant person or colleague to take appropriate action to deal with suspected harm or risk of harm to a child. Examples for paragraph (d)— 1 A teacher with a reportable suspicion about a child under section 13E may give information to the principal at the school to enable the principal to take appropriate action to protect the child or other children from risk of harm. 2 An educator under the Education and Care Services National Law (Queensland) with a reportable suspicion about a child under section 13E may give information to the nominated supervisor for the approved education and care service, within the meaning of that Law, to enable the supervisor to take appropriate action to protect the child or other children from risk of harm. (2) In this section— colleague, of a relevant person, means a person working in or for the same entity as the relevant person. 13I Reporting obligation arises when reportable suspicion is formed To remove any doubt, it is declared that— (a) a relevant person is not required to give a report under section 13G until the person has formed a reportable suspicion about a child; and Example— After observing injuries on a child's body, a doctor or teacher considers it possible that a parent of the child has physically abused the child or failed to protect the child from physical abuse. After obtaining further information about the family's circumstances, the doctor or teacher forms a reportable suspicion about the child under section 13E. (b) once a relevant person has formed a reportable suspicion about a child, the person must comply with section 13G even though the person is taking, or has taken, other action in relation to the child. 13J Particular reports to be given to public guardian As soon as practicable after receiving a report required by section 13F, the chief executive must give a copy to the public guardian to help the public guardian perform the public guardian's child advocate functions under the Public Guardian Act 2014. Part 1 Children at risk of harm 14 Substantiation of alleged harm (1) If the chief executive becomes aware (whether because of notification given to the chief executive or otherwise) of alleged harm or alleged risk of harm to a child and reasonably suspects the child is in need of protection, the chief executive must immediately— (a) have an authorised officer investigate the allegation, assess whether the alleged harm or risk of harm can be substantiated and, if it can, assess the child's protective needs; or (b) take other action the chief executive considers appropriate. (2) If the chief executive reasonably believes alleged harm to a child may involve the commission of a criminal offence relating to the child, the chief executive must immediately give details of the alleged harm to the police commissioner. (3) Subsection (2) applies whether or not the chief executive suspects the child is in need of protection. 15 Child's parents and long-term guardians to be told about allegation of harm and outcome of investigation (1) This section applies if an authorised officer or police officer— (a) investigates an allegation of harm or risk of harm to a child; or (b) assesses a child's need of protection because of an allegation of harm or risk of harm to the child. (2) If the child does not have long-term guardians, the officer must— (a) give details of the alleged harm or risk of harm to at least 1 of the child's parents; and (b) as soon as practicable after completing the investigation— (i) tell at least 1 of the child's parents about the outcome of the investigation; and (ii) if asked by the parent, give the information about the outcome of the investigation to the parent in writing. (3) If the child has long-term guardians, the officer must— (a) take, or make a reasonable attempt to take, the actions stated in subsection (2)(a) and (b), but only if the officer is satisfied it would be in the child's best interests to do so, having regard to— (i) the nature and extent of the child's connection with the child's parents; and (ii) the evidence in support of the allegation of harm or risk of harm; and (iii) any other relevant matter; and (b) take the actions stated in subsection (2)(a) and (b) in relation to the long-term guardians. (4) However, if the officer reasonably believes— (a) someone may be charged with a criminal offence for the harm to the child and the officer's compliance with subsection (2) or (3) may jeopardise an investigation into the offence; or (b) compliance with subsection (2) or (3) may expose the child to harm; the officer need only comply with the subsection to the extent the officer considers is reasonable and appropriate in the particular circumstances. (5) If, under subsection (3)(a), the officer does not take the actions stated in subsection (2)(a) and (b) but makes a reasonable attempt to take the actions, the officer must document full details about the actions taken by the officer in making the attempt. 16 Contact with child at immediate risk of harm (1) This section applies if— (a) an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and (b) the officer has been denied contact with the child or can not reasonably gain entry to the place where the officer reasonably believes the child is; and (c) the officer reasonably suspects the child— (i) is at immediate risk of harm; or (ii) is likely to leave or be taken from a place and suffer harm if the officer does not take immediate action. (2) The officer may exercise the following powers— (a) enter the place; (b) search the place to find the child; (c) remain in the place, and have contact with the child for as long as the officer reasonably considers necessary for investigating the allegation. (3) The officer may exercise a power under subsection (2) with the help, and using the force, that is reasonable in the circumstances. (4) At the first reasonable opportunity, the officer must record, in a register kept for the purpose by the department or the Queensland Police Service, full details about the exercise of the powers and other actions taken by the officer. 17 Contact with children in school, education and care service premises, family day care etc. (1) This section applies if— (a) an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and (b) the officer reasonably believes— (i) it is in the child's best interests that the officer has contact with the child before the child's parents or long-term guardians are told about the investigation; and (ii) the child's parents or long-term guardians knowing in advance about the proposed contact with the child is likely to adversely affect or otherwise prevent the proper and effective conduct of the investigation; and (c) the child is at a school, or place where education and care or regulated education and care is provided, when the officer is to have contact with the child; and (d) the officer has lawfully entered, and is lawfully remaining at, the school or place. (2) The officer may have contact with the child for as long as the officer reasonably considers necessary for investigating the allegation. (3) Before exercising a power under subsection (2), the officer must notify the principal or other person in charge of the school or place of the intention to exercise the power. (4) As soon as practicable after the officer has had contact with the child, the officer must— (a) if the child has long-term guardians—tell at least 1 of the long-term guardians that the officer has had contact with the child and the reasons for the contact; or (b) otherwise—tell at least 1 of the child's parents that the officer has had contact with the child and the reasons for the contact. (5) The officer's obligation under subsection (4) to give reasons for the contact with the child is limited to the extent the officer considers is reasonable and appropriate in particular circumstances if the officer reasonably believes— (a) someone may be charged with a criminal offence for harm to the child and the officer's compliance with the subsection may jeopardise an investigation into the offence; or (b) compliance with the subsection may expose the child to harm. (6) Also, at the first reasonable opportunity, the officer must record, in a register kept for the purpose by the department or the Queensland Police Service, full details about the exercise of the powers and other actions taken by the officer. (7) In this section— education and care means education and care provided under the Education and Care Service National Law (Queensland). regulated education and care means regulated education and care within the meaning of the Education and Care Services Act 2013. 18 Child at immediate risk may be taken into custody (1) This section applies if an authorised officer or police officer reasonably believes a child is at risk of harm and the child is likely to suffer harm if the officer does not immediately take the child into custody. (2) The officer may take the child into the chief executive's custody. (3) For subsection (2), the officer may— (a) enter the place where the officer reasonably believes the child is; and (b) search the place to find the child; and (c) remain in the place for as long as the officer reasonably considers is necessary to find the child. (4) The officer may exercise a power under subsection (2) or (3) with the help, and using the force, that is reasonable in the circumstances. (5) The officer must, as soon as practicable, apply for a temporary assessment order for the child. (6) However, subsection (5) does not apply if an authorised officer applies for a temporary custody order for the child. (7) Also, the officer may arrange a medical examination of, or for medical treatment for, the child that is reasonable in the circumstances. Note— Section 97 applies to the medical examination or treatment. (8) The chief executive's custody of the child ends on the earlier of the following to happen— (a) the application for the temporary assessment order or temporary custody order for the child is decided; (b) 8 hours elapses after the child is taken into custody. 19 Effect of taking child into custody on existing order (1) This section applies if— (a) an authorised officer or police officer takes a child into the chief executive's custody; and (b) a child protection order granting custody or guardianship of the child to someone other than the chief executive is in force. (2) The order, so far as it relates to the child's custody or guardianship, ceases to have effect while the chief executive's custody of the child continues. 20 Officer's obligations on taking child into custody (1) This section applies if an authorised officer or police officer takes a child into the chief executive's custody. (2) If the child does not have long-term guardians, the officer must, as soon as practicable— (a) take reasonable steps to tell at least 1 of the child's parents— (i) that the child has been taken into custody and the reasons for the action; and (ii) when the chief executive's custody ends under section 18(8); and (b) tell the child about their being taken into the chief executive's custody; and Note— Section 195 deals with compliance with provisions about giving information. (c) tell the chief executive the child has been taken into the chief executive's custody, the reasons for the action and where the child has been taken. (3) If the child has long-term guardians, the officer must, as soon as practicable— (a) comply with subsection (2)(a) to (c) as if the reference in subsection (2)(a) to parents were a reference to long-term guardians; and (b) comply, or make a reasonable attempt to comply, with subsection (2)(a). (4) Subsections (2) and (3) do not require the officer to tell the child's parents or long-term guardians in whose care the child has been placed. (5) The officer's obligation under subsection (2)(a)(i) or (3) to give reasons for taking the child into custody is limited to the extent the officer considers is reasonable and appropriate in particular circumstances if the officer reasonably believes— (a) someone may be charged with a criminal offence for harm to the child and the officer's compliance with the provision may jeopardise an investigation into the offence; or (b) compliance with the provision may expose the child to harm. (6) If, under subsection (3)(b), the officer does not comply with subsection (2)(a) but makes a reasonable attempt to comply, the officer must document full details about the actions taken by the officer in making the attempt. 21 Moving child to safe place (1) This section applies if— (a) an authorised officer or police officer reasonably believes a child who is under 12 years is at risk of harm but does not consider it necessary to take the child into the chief executive's custody to ensure the child's protection; and (b) a parent or other member of the child's family is not present at the place where the child is, and, after reasonable inquiries, the officer can not contact a parent or other member of the child's family. (2) The officer may, with the help that is reasonable in the circumstances, move the child to a safe place and make arrangements for the child's care at the place. (3) As soon as practicable after moving the child, the officer must— (a) take reasonable steps to tell at least 1 of the child's parents or a family member of the child's whereabouts; and (b) if the officer is a police officer—tell the chief executive the child has been moved to a safe place and where the child has been moved. (4) The child may be cared for at the place under the arrangements until the child's parents or family members resume or assume the child's care. (5) The moving of the child does not— (a) prevent the child's parents or family members resuming or assuming care of the child; or (b) affect existing parental rights for the child. 22 Unborn children (1) This section applies if, before the birth of a child, the chief executive reasonably suspects the child may be in need of protection after he or she is born. (2) The chief executive must take the action the chief executive considers appropriate including, for example— (a) having an authorised officer investigate the circumstances and assess the likelihood that the child will need protection after he or she is born; or (b) offering help and support to the pregnant woman. (3) If the child is an Aboriginal or Torres Strait Islander child, the chief executive or an authorised officer must arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the pregnant woman and the child's family in relation to a matter mentioned in subsection (2). (4) However, subsection (3) applies only if the pregnant woman agrees to the involvement of an independent Aboriginal or Torres Strait Islander entity for the child. (5) The purpose of this section is to reduce the likelihood that the child will need protection after he or she is born (as opposed to interfering with the pregnant woman's rights or liberties). Part 2 Temporary assessment orders Division 1 Preliminary 23 [Repealed] 24 Purpose of part (1) This part provides for the making of temporary assessment orders. (2) A temporary assessment order is made to authorise actions necessary as part of an investigation to assess whether a child is a child in need of protection, if the consent of a parent of the child to the actions has not been able to be obtained or it is not practicable to take steps to obtain the parent's consent. Division 2 Applications for, and making and effect of, temporary assessment orders 25 Making of application for order (1) An authorised officer or police officer may apply to a magistrate for a temporary assessment order for a child. (2) The officer must prepare a written application that states the following— (a) the grounds on which it is made; (b) the nature of the order sought; (c) if taking the child into, or keeping the child in, the chief executive's custody is sought—the proposed arrangements for the child's care. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application be given by statutory declaration. 26 Deciding application A magistrate may decide an application for a temporary assessment order without notifying the child's parents of the application or hearing them on the application. 27 Making of temporary assessment order (1) The magistrate may make a temporary assessment order for the child only if the magistrate is satisfied— (a) an investigation is necessary to assess whether the child is a child in need of protection; and (b) the investigation can not be properly carried out unless the order is made. (2) However, in deciding the application, the magistrate must also be satisfied reasonable steps have been taken to obtain appropriate parental consent to the doing of the things sought to be authorised under the order or it is not practicable to take steps to obtain the consent. (3) In this section— appropriate parental consent means— (a) if the child does not have long-term guardians—the consent of at least 1 of the child's parents; or (b) if the child has long-term guardians—the consent of at least 1 of the long-term guardians. 28 Provisions of temporary assessment order (1) The magistrate may make a temporary assessment order for the child that provides for any 1 or more of the following the magistrate considers to be appropriate in the circumstances— (a) authorising an authorised officer or police officer— (i) to have contact with the child; and (ii) if the magistrate is satisfied it is necessary to provide interim protection for the child while the investigation is carried out—to take the child into, or keep the child in, the chief executive's custody while the order is in force; (b) authorising the child's medical examination or treatment; Note— Section 97 applies to the medical examination or treatment. (c) directing a parent not to have contact (direct or indirect)— (i) with the child; or (ii) with the child other than when a stated person or a person of a stated category is present. (2) In addition, the order may also authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the magistrate is satisfied— (a) entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child's whereabouts are not known; and (b) the entry is necessary for the effective enforcement of the order. (3) On entering a place, an authorised officer or police officer may remain in the place for as long as the officer reasonably considers necessary for exercising the officer's powers under this section. (4) An authorised officer or police officer may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances. 29 Duration of temporary assessment orders (1) A temporary assessment order must state the time when it ends. (2) The stated time must not be more than 3 business days after the day the order is made. (3) The order ends at the stated time unless it is extended. (4) Regardless of subsections (1) to (3), the order ends when the child turns 18 years. 30 Application by particular forms of communication and duplicate order (1) An application under section 25 may be made by phone, fax, radio or another form of communication if the authorised officer or police officer reasonably considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances (including, for example, the officer's remote location). (2) The application— (a) may not be made before the officer prepares the written application under section 25(2); but (b) may be made before the written application is sworn. (3) The magistrate may make the order (the original order) only if the magistrate is satisfied— (a) it was necessary to make the application under subsection (1); and (b) the way the application was made under subsection (1) was appropriate. (4) After the magistrate makes the original order— (a) if there is a reasonably practicable way of immediately giving a copy of the order to the officer (for example, by sending a copy by fax), the magistrate must immediately give a copy of the order to the officer; or (b) otherwise— (i) the magistrate must tell the officer the date and time the order was made and the other terms of the order; and (ii) the officer must complete a form of the order, including by writing on it— (A) the magistrate's name; and (B) the date and time the magistrate made the order; and (C) the other terms of the order. (5) The copy of the order mentioned in subsection (4)(a), or the form of the order completed under subsection (4)(b), (in either case the duplicate order) is a duplicate of, and as effectual as, the original order. (6) The officer must, at the first reasonable opportunity, send to the magistrate— (a) the written application complying with section 25(2) and (3); and (b) if the officer completed a form of the order under subsection (4)(b)—the completed form of the order. (7) The magistrate must keep the original order and, on receiving the documents under subsection (6)— (a) attach the documents to the original order; and (b) give the original order and documents to the clerk of the court of the relevant magistrates court. (8) Despite subsection (7), if— (a) an issue arises in a proceeding about whether an exercise of a power was authorised by an order made under this section; and (b) the original order is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove an order authorised the exercise of the power. 31 Order—procedure before entry (1) This section applies if an authorised officer or police officer is intending to enter a place under an authority under a temporary assessment order. (2) Before entering the place, the officer must do or make a reasonable attempt to do the following things— (a) identify himself or herself to a person present at the place who is an occupier of the place; (b) give the person— (i) a copy of the order so far as it relates to the entry and searching of the place; or (ii) if the entry and searching is authorised by a duplicate order under section 30(5), a copy of the duplicate order so far as it relates to the entry and searching of the place; (c) tell the person the officer is permitted by the order to enter and search the place to find the child; (d) give the person an opportunity to allow the officer immediate entry to the place without using force. (3) For subsection (2)(a), an authorised officer must produce the officer's identity card to the person for inspection. Note— For a police officer, see the Police Powers and Responsibilities Act 2000, section 637. (4) However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated. Division 3 Other provisions about temporary assessment orders 32 Explanation of temporary assessment orders (1) If the child does not have long-term guardians, then, immediately after a temporary assessment order is made for a child, the applicant for the order must— (a) give a copy of the order, or duplicate order under section 30(5), to at least 1 of the child's parents; and (b) explain the terms and effect of the order; and (c) inform the parent— (i) about the right of appeal; and (ii) that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and Note— Under section 29, the duration of a temporary assessment order must be not more than 3 business days. (iii) how to appeal; and (d) tell the child about the order. Note— Section 195 deals with compliance with provisions about giving information. (2) If the child has long-term guardians, then, immediately after a temporary assessment order is made for a child, the applicant for the order must— (a) comply with subsection (1)(a) to (d) as if a reference to parents were a reference to long-term guardians; and (b) comply, or make a reasonable attempt to comply, with subsection (1)(a) to (c). (3) If, under subsection (2)(b), the applicant does not comply with subsection (1)(a) to (c) but makes a reasonable attempt to comply, the applicant must document full details about the actions taken by the applicant in making the attempt. 33 Police officers to notify chief executive of certain orders If a temporary assessment order is made on the application of a police officer, the officer must immediately give copies of the application and order to the chief executive. 34 Extension of temporary assessment orders (1) An authorised officer or police officer may apply to a magistrate f