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CHILD SAFETY LEGISLATION AMENDMENT BILL 2005

           Queensland



Child Safety Legislation
Amendment Bill 2005

 


 

 

Queensland Child Safety Legislation Amendment Bill 2005 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Child Protection Act 1999 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 5 (Principles for administration of Act). . . . . . . . 8 5 Replacement of s 6 (Provisions about Aboriginal and Torres Strait Islander children) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Provisions about Aboriginal and Torres Strait Islander children. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Amendment of s 7 (Chief executive's functions). . . . . . . . . . . . . . 10 7 Amendment of s 12 (What is effect of custody) . . . . . . . . . . . . . . 11 8 Amendment of s 14 (Chief executive may investigate alleged harm) ........................................ 11 9 Amendment of s 51C (Children for whom case plans are required) ..................................... 11 10 Amendment of s 51D (How case planning must be carried out) . 11 11 Amendment of s 51L (Who should be involved) . . . . . . . . . . . . . . 12 12 Amendment of s 51T (Distributing and implementing the plan) . . 12 13 Amendment of s 51W (Who may participate). . . . . . . . . . . . . . . . 12 14 Insertion of new ch 2, pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 3B Intervention with parents' agreement Division 1 Preliminary 51Z Application of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . 13 51ZA What is intervention . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2 Preference for intervention with parents' agreement

 


 

2 Child Safety Legislation Amendment Bill 2005 51ZB Considering intervention with agreement . . . . . . . . . . 13 51ZC Working with the child and parents . . . . . . . . . . . . . . 14 Division 3 Care agreements 51ZD What is a care agreement . . . . . . . . . . . . . . . . . . . . . 14 51ZE Entering an agreement. . . . . . . . . . . . . . . . . . . . . . . . 14 51ZF Requirements of an agreement . . . . . . . . . . . . . . . . . 15 51ZG Effect of an agreement . . . . . . . . . . . . . . . . . . . . . . . . 15 51ZH Period of an agreement . . . . . . . . . . . . . . . . . . . . . . . 15 51ZI Ending an agreement . . . . . . . . . . . . . . . . . . . . . . . . . 16 15 Amendment of s 70 (Attendance of parties). . . . . . . . . . . . . . . . . 16 16 Amendment of ch 2, pt 6, hdg (Obligations and rights under orders) ........................................ 17 17 Amendment of ch 2, pt 6, div 1, hdg (Chief executive's obligations under child protection orders) . . . . . . . . . . . . . . . . . . 17 18 Amendment of s 73 (Chief executive's obligations about meeting child's protection needs under certain orders) . . . . . . . . 17 19 Amendment of s 74 (Charter of rights for a child in care). . . . . . . 18 20 Replacement of s 82 (Placing child in care) . . . . . . . . . . . . . . . . . 18 82 Placing child in care . . . . . . . . . . . . . . . . . . . . . . . . . . 18 82A Placement with more than 1 approved carer . . . . . . . 19 21 Amendment of s 83 (Additional provisions for placing Aboriginal and Torres Strait Islander children in care). . . . . . . . . . . . . . . . . . 19 22 Amendment of s 83A (Giving information to carers and children) 20 23 Amendment of s 84 (Agreements to provide care for children) . . 20 24 Amendment of s 85 (Chief executive to tell parents of placing child in care--assessment order). . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Amendment of s 86 (Chief executive to notify parents of placing child in care--child protection order) . . . . . . . . . . . . . . . . . . . . . . 21 26 Insertion of new s 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 88 Chief executive to provide contact between Aboriginal or Torres Strait Islander child and child's community or language group . . . . . . . . . . . . . . . . . . 21 27 Amendment of s 90 (Notice of removal from care). . . . . . . . . . . . 22 28 Amendment of s 91 (Review of decision to remove child from carer's care) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 29 Amendment of s 95 (Report about person's criminal history etc.) 23 30 Amendment of s 97 (Carrying out medical examinations or treatment) ..................................... 23 31 Insertion of new s 108A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 108A Right of appearance of departmental co-ordinators . . 24

 


 

3 Child Safety Legislation Amendment Bill 2005 32 Amendment of s 122 (Statement of standards) . . . . . . . . . . . . . . 24 33 Amendment of ch 4, pt 2, hdg (Licensing of care services and approval of foster carers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 34 Amendment of s 125 (Application for, or renewal of, licence). . . . 25 35 Amendment of ch 4, pt 2, div 3, hdg (Approval of foster carers) . 25 36 Insertion of new s 130A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 130A Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 37 Amendment of s 131 (Only individuals may hold certificates of approval) ...................................... 25 38 Replacement of ss 132-135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 133 Process for initial issue of a certificate . . . . . . . . . . . . 26 134 Process to renew a certificate . . . . . . . . . . . . . . . . . . 27 135 Restrictions on granting application . . . . . . . . . . . . . . 29 39 Renumbering of ss 130A and 131 . . . . . . . . . . . . . . . . . . . . . . . . 29 40 Amendment of s 136 (Refusal of application) . . . . . . . . . . . . . . . 30 41 Insertion of new ch 4, pt 2, div 3A . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 3A Provisional approval of carers 136A Application and purpose of div 3A . . . . . . . . . . . . . . . 30 136B Holding a certificate . . . . . . . . . . . . . . . . . . . . . . . . . . 30 136C Basis for issuing a certificate . . . . . . . . . . . . . . . . . . . 31 136D Issue of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 42 Amendment of s 137 (Amendment of authority on application of holder) ....................................... 32 43 Amendment of s 138 (Amendment of authority by the chief executive) ................................... 33 44 Insertion of new ss 138A-138C . . . . . . . . . . . . . . . . . . . . . . . . . . 33 138A Amendment of kinship carer certificate to extend its expiry day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 138B Amendment of provisional certificate to extend its expiry day .......................... 34 138C Other amendment of provisional certificate by the chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 45 Amendment of s 139 (Authority may be suspended or cancelled) 35 46 Amendment of s 140 (Procedure for suspension or cancellation) 37 47 Insertion of new s 140AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 140AA Procedure for suspension or cancellation of provisional certificate . . . . . . . . . . . . . . . . . . . . . . . . . 37 48 Amendment of s 140A (Chief executive may notify Commissioner for Children and Young People and Child Guardian about particular information). . . . . . . . . . . . . . . . . . . . . 38

 


 

4 Child Safety Legislation Amendment Bill 2005 49 Amendment of s 141 (Amendment, suspension and cancellation of authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 50 Amendment of s 141A (Surrender of authorities). . . . . . . . . . . . . 38 51 Replacement of ch 4, pt 2, div 5, hdg and s 142 . . . . . . . . . . . . . 39 Division 5 Notification of changes relating to authority holders and associated persons 141B Personal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 141C Personal history change--nominee . . . . . . . . . . . . . . 39 141D Personal history change--other persons associated with a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 141E Personal history change--approved carer . . . . . . . . . 40 141F Personal history change--other household members 40 141G Approved carer must notify other changes. . . . . . . . . 41 Division 6 Investigative information 141H Police commissioner may decide that information about a person is investigative information . . . . . . . . 41 141I Appeal from decision that information is investigative information . . . . . . . . . . . . . . . . . . . . . . . 43 141J Court to decide matters afresh . . . . . . . . . . . . . . . . . . 43 141K Consequence of successful appeal . . . . . . . . . . . . . . 44 Division 7 Obtaining criminal histories and other information to decide persons' suitability 142 Meaning of police information . . . . . . . . . . . . . . . . . . 44 142A Persons whose suitability may be investigated . . . . . 45 142B Obtaining traffic information . . . . . . . . . . . . . . . . . . . . 45 142C Obtaining police information. . . . . . . . . . . . . . . . . . . . 46 142D Notice of change in police information . . . . . . . . . . . . 47 142E Chief executive may enter into arrangement with police commissioner about giving and receiving information ......................... 47 52 Amendment of s 143 (Effect of failure to decide application for, or for renewal of, authority). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 53 Amendment of s 148 (Obligation to report harm to children in residential care) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 54 Amendment of s 159D (Other definitions for ch 5A). . . . . . . . . . . 48 55 Amendment of s 159H (Chief executive may ask particular prescribed entities to provide a service). . . . . . . . . . . . . . . . . . . . 49 56 Amendment of s 159K (Members) . . . . . . . . . . . . . . . . . . . . . . . . 49 57 Amendment of s 159M (Particular prescribed entities giving and receiving relevant information) . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

 


 

5 Child Safety Legislation Amendment Bill 2005 58 Amendment of s 159P (Release of information for an investigation under the Coroners Act) . . . . . . . . . . . . . . . . . . . . . 49 59 Amendment of s 162 (Offence to remove child from carer) . . . . . 51 60 Amendment of s 163 (Offence to remove child from carer--order made in another State). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 61 Amendment of s 175 (Interstate warrants--arrangements for apprehended child until magistrate is available). . . . . . . . . . . . . . 51 62 Amendment of s 182 (Evidentiary provisions) . . . . . . . . . . . . . . . 51 63 Amendment of s 187 (Confidentiality of information obtained by persons involved in administration of Act) . . . . . . . . . . . . . . . . . . 52 64 Insertion of new s 188B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 188B Disclosure of information to a child's family group . . . 53 65 Insertion of new s 246I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 246I Recognised entities . . . . . . . . . . . . . . . . . . . . . . . . . . 54 66 Insertion of new ch 9, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Part 5 Savings and transitional provisions for Child Safety Legislation Amendment Act 2005 263 Administrative approvals as carers. . . . . . . . . . . . . . . 55 264 Current applications relating to foster carer certificates ............................ 56 265 Recognised entities . . . . . . . . . . . . . . . . . . . . . . . . . . 56 67 Replacement of sch 2 (Reviewable decisions and aggrieved persons) ...................................... 56 68 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 58 Part 3 Consequential amendments 69 Consequential amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Schedule Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Child Care Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Children Services Tribunal Act 2000 . . . . . . . . . . . . . . . . . . . . . . 61 Commission for Children and Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Juvenile Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 65

 


 

 

2005 A Bill for An Act to amend the Child Protection Act 1999 and for other purposes

 


 

s1 8 s4 Child Safety Legislation Amendment Bill 2005 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Child Safety Legislation 4 Amendment Act 2005. 5 Clause 2 Commencement 6 This Act, other than part 2 heading and sections 3, 30(1) to 7 (4), 31 and 58, commences on a day to be fixed by 8 proclamation. 9 Part 2 Amendment of Child Protection 10 Act 1999 11 Clause 3 Act amended in pt 2 12 This part amends the Child Protection Act 1999. 13 Clause 4 Amendment of s 5 (Principles for administration of Act) 14 Section 5(2)(f)-- 15 insert-- 16 `(iii) in deciding in whose care the child should be 17 placed, the chief executive must give proper 18 consideration to placing the child, as a first option, 19 with kin;'. 20

 


 

s5 9 s5 Child Safety Legislation Amendment Bill 2005 Clause 5 Replacement of s 6 (Provisions about Aboriginal and 1 Torres Strait Islander children) 2 Section 6-- 3 omit, insert-- 4 `6 Provisions about Aboriginal and Torres Strait Islander 5 children 6 `(1) When making a significant decision about an Aboriginal or 7 Torres Strait Islander child, the chief executive or an 8 authorised officer must give an opportunity to a recognised 9 entity for the child to participate in the decision-making 10 process. 11 `(2) When making a decision, other than a significant decision, 12 about an Aboriginal or Torres Strait Islander child, the chief 13 executive or an authorised officer must consult with a 14 recognised entity for the child before making the decision. 15 `(3) However, if compliance with subsection (1) or (2) is not 16 practicable because a recognised entity for the child is not 17 available or urgent action is required to protect the child, the 18 chief executive or an authorised officer must consult with a 19 recognised entity for the child as soon as practicable after 20 making the decision. 21 `(4) If the Childrens Court exercises a power under this Act in 22 relation to an Aboriginal or Torres Strait Islander child, the 23 court must have regard to-- 24 (a) the views, about the child and about Aboriginal tradition 25 and Island custom1 relating to the child, of-- 26 (i) a recognised entity for the child; or 27 (ii) if it is not practicable to obtain the views of a 28 recognised entity for the child--members of the 29 community to whom the child belongs; and 30 (b) the general principle that an Aboriginal or Torres Strait 31 Islander child should be cared for within an Aboriginal 32 or Torres Strait Islander community. 33 1 The Acts Interpretation Act 1954, section 36, contains definitions of Aboriginal tradition and Island custom.

 


 

s6 10 s6 Child Safety Legislation Amendment Bill 2005 `(5) As far as is reasonably practicable, the chief executive or an 1 authorised officer must try to conduct consultations, 2 negotiations, family group meetings and other proceedings 3 involving an Aboriginal person or Torres Strait Islander 4 (whether a child or not) in a way and in a place that is 5 appropriate to Aboriginal tradition or Island custom. 6 `(6) In this section-- 7 significant decision, about an Aboriginal or Torres Strait 8 Islander child, means a decision likely to have a significant 9 impact on the child's life. 10 11 Examples of decisions relating to an Aboriginal or Torres Strait Islander 12 child that may be significant decisions-- 13 1 a decision made in the course of investigating an allegation of harm 14 to the child 15 2 a decision about placing the child in care'. Clause 6 Amendment of s 7 (Chief executive's functions) 16 (1) Section 7(1)(g), `foster'-- 17 omit. 18 (2) Section 7(1)(h), `foster care'-- 19 omit, insert-- 20 `the care of children under this Act'. 21 (3) Section 7(1)(h), `foster carers caring for children under this 22 Act'-- 23 omit, insert-- 24 `approved carers'. 25 (4) Section 7(1)(o), `recognised Aboriginal and Torres Strait 26 Islander agencies'-- 27 omit, insert-- 28 `recognised entities'. 29

 


 

s7 11 s 10 Child Safety Legislation Amendment Bill 2005 (5) Section 7(2), definition child in care-- 1 omit, insert-- 2 `children in care means children in the chief executive's 3 custody or guardianship.'. 4 Clause 7 Amendment of s 12 (What is effect of custody) 5 (1) Section 12(1)(b)-- 6 renumber as section 12(1)(c). 7 (2) Section 12(1)-- 8 insert-- 9 `(b) the chief executive has custody of a child under a care 10 agreement; or'. 11 Clause 8 Amendment of s 14 (Chief executive may investigate 12 alleged harm) 13 Section 14(2), `commissioner of the police service'-- 14 omit, insert-- 15 `police commissioner'. 16 Clause 9 Amendment of s 51C (Children for whom case plans are 17 required) 18 Section 51C, note 1, `someone's care by agreement with the child's 19 20 parents'-- omit, insert-- 21 `care under a care agreement'. 22 Clause 10 Amendment of s 51D (How case planning must be carried 23 out) 24 Section 51D(1)(c)(iv), note, `Section 6(4)'-- 25 omit, insert-- 26 `Section 6(5)'. 27

 


 

s 11 12 s 14 Child Safety Legislation Amendment Bill 2005 Clause 11 Amendment of s 51L (Who should be involved) 1 (1) Section 51L(1)(d), example, `A foster carer'-- 2 omit, insert-- 3 `An approved carer'. 4 (2) Section 51L(1)(f)-- 5 omit, insert-- 6 `(f) if the child is an Aboriginal or Torres Strait Islander 7 child--a recognised entity, or member of a recognised 8 entity, for the child;'. 9 Clause 12 Amendment of s 51T (Distributing and implementing the 10 plan) 11 Section 51T(c)(ii), examples, `a foster carer'-- 12 omit, insert-- 13 `an approved carer'. 14 Clause 13 Amendment of s 51W (Who may participate) 15 (1) Section 51W(1)(d), example, `A foster carer'-- 16 omit, insert-- 17 `An approved carer'. 18 (2) Section 51W(1)(f)-- 19 omit, insert-- 20 `(f) if the child is an Aboriginal or Torres Strait Islander 21 child--a recognised entity, or member of a recognised 22 entity, for the child;'. 23 Clause 14 Insertion of new ch 2, pt 3B 24 Chapter 2, after part 3A-- 25 insert-- 26

 


 

s 14 13 s 14 Child Safety Legislation Amendment Bill 2005 `Part 3B Intervention with parents' 1 agreement 2 `Division 1 Preliminary 3 `51Z Application of pt 3B 4 `This part applies to a child if-- 5 (a) the chief executive is satisfied the child-- 6 (i) is a child in need of protection; and 7 (ii) needs ongoing help under this Act; and 8 (b) there is no child protection order in force granting 9 custody or guardianship of the child to anyone. 10 `51ZA What is intervention 11 `The intervention for the child is the action taken by the chief 12 executive to give the ongoing help that the child needs. 13 14 Examples-- 15 giving support services to the child and his or her family 16 arranging for the child to be placed in care under a care agreement `Division 2 Preference for intervention with 17 parents' agreement 18 `51ZB Considering intervention with agreement 19 `The chief executive must give proper consideration to 20 intervening with the parents' agreement if-- 21 (a) the chief executive is satisfied-- 22 (i) the child's parents are able and willing to work 23 with the chief executive to meet the child's 24 protection and care needs; and 25

 


 

s 14 14 s 14 Child Safety Legislation Amendment Bill 2005 (ii) it is likely that, by the end of the proposed 1 intervention, the child's parents will be able to 2 meet the child's protection and care needs; and 3 (b) the child's view and wishes, if able to be ascertained, 4 have been considered. 5 `51ZC Working with the child and parents 6 `If the chief executive decides to intervene with the parents' 7 agreement, the chief executive must-- 8 (a) encourage and facilitate the participation of the child 9 and child's parents in-- 10 (i) decisions about the most appropriate intervention 11 for the child; and 12 (ii) the carrying out of the intervention; and 13 (b) encourage and facilitate the parents' continuing 14 involvement, during the intervention, with the child's 15 life and care. 16 `Division 3 Care agreements 17 `51ZD What is a care agreement 18 `A care agreement is an agreement between the chief 19 executive and the child's parents for the short-term placement 20 of the child in the care of someone other than the parents. 21 22 Note-- 23 Section 82 deals with the persons in whose care the child may be placed 24 under a care agreement. `51ZE Entering an agreement 25 `(1) The chief executive may enter a care agreement for the child if 26 satisfied-- 27 (a) it would be in the child's best interests to be temporarily 28 placed in the care of someone other than the child's 29 parents; and 30

 


 

s 14 15 s 14 Child Safety Legislation Amendment Bill 2005 (b) it is not likely that, if the parents end the agreement, the 1 child will be at immediate risk of harm. 2 `(2) The chief executive must obtain and have regard to the child's 3 views before entering the care agreement, unless the child is 4 unable to form and express views, taking into account the 5 child's age and ability to understand. 6 `(3) The child may also be a party to the care agreement. 7 `51ZF Requirements of an agreement 8 `(1) A care agreement must be in the approved form, signed by the 9 parties. 10 `(2) A care agreement must state the following-- 11 (a) the name of the person in whose care the child is to be 12 placed; 13 (b) the period of the agreement; 14 (c) where the child will be living; 15 (d) arrangements for contact between the child and his or 16 her parents; 17 (e) the type of decisions relating to the child for which the 18 parents must be consulted. 19 `51ZG Effect of an agreement 20 `While a care agreement is in force for the child, the chief 21 executive has custody of the child. 22 `51ZH Period of an agreement 23 `(1) Subject to this division, a care agreement has effect for the 24 period stated in it. 25 `(2) When a care agreement is entered into, the initial period of 26 operation stated in it must not be more than 30 days. 27 `(3) A care agreement must not be made if the total of the 28 following periods would be more than 6 months-- 29 (a) the initial period of the proposed agreement: 30

 


 

s 15 16 s 15 Child Safety Legislation Amendment Bill 2005 (b) the period for which any other care agreement was in 1 force for the child within the previous 12 months. 2 `(4) Before a care agreement ends, it may be extended by 3 agreement of the parties. 4 `(5) A care agreement may be extended more than once. 5 `(6) A care agreement must not be extended if the total of the 6 following periods would be more than 6 months-- 7 (a) the period for which the agreement has been in force; 8 (b) the period of the proposed extension; 9 (c) the period for which any other care agreement was in 10 force for the child within the 12 months before the 11 extension. 12 `(7) The chief executive must not agree to an extension unless-- 13 (a) a case plan is in force for the child; and 14 (b) the chief executive is satisfied the extension would be in 15 the child's best interests, having regard to the progress 16 made under the case plan and the child's developmental 17 needs. 18 `51ZI Ending an agreement 19 `(1) A party to a care agreement may end the agreement at any 20 time by giving at least 2 days notice to the other parties. 21 `(2) A care agreement ends automatically if-- 22 (a) a child protection order is made granting custody or 23 guardianship of the child to the chief executive or 24 someone else; or 25 (b) the chief executive otherwise gains custody or 26 guardianship of the child under this Act.'. 27 Clause 15 Amendment of s 70 (Attendance of parties) 28 Section 70(4)-- 29 omit, insert-- 30

 


 

s 16 17 s 18 Child Safety Legislation Amendment Bill 2005 `(4) If the child is an Aboriginal or Torres Strait Islander child, a 1 recognised entity for the child or member of a recognised 2 entity for the child may attend the conference.'. 3 Clause 16 Amendment of ch 2, pt 6, hdg (Obligations and rights 4 under orders) 5 Chapter 2, part 6, heading, after `orders'-- 6 insert-- 7 `and care agreements'. 8 Clause 17 Amendment of ch 2, pt 6, div 1, hdg (Chief executive's 9 obligations under child protection orders) 10 Chapter 2, part 6, division 1, heading, after `orders'-- 11 insert-- 12 `and care agreements'. 13 Clause 18 Amendment of s 73 (Chief executive's obligations about 14 meeting child's protection needs under certain orders) 15 (1) Section 73, heading-- 16 omit, insert-- 17 `73 Chief executive's obligations about meeting child's 18 protection and care needs under certain orders and 19 agreements'. 20 (2) Section 73(1)-- 21 omit, insert-- 22 `(1) This section applies if-- 23 (a) a child protection order is made for a child, other than an 24 order granting long-term guardianship of the child; or 25 (b) a care agreement is entered into for a child. 26 `(1A) The chief executive must take steps that are reasonable and 27 practicable to help the child's family meet the child's 28 protection and care needs.'. 29 (3) Section 73(2), `subsection (1)'-- 30

 


 

s 19 18 s 20 Child Safety Legislation Amendment Bill 2005 omit, insert-- 1 `subsection (2)'. 2 (4) Section 73(1A) and (2)-- 3 renumber as section 73(2) and (3). 4 Clause 19 Amendment of s 74 (Charter of rights for a child in care) 5 Section 74(1)-- 6 omit, insert-- 7 `(1) This section applies if the chief executive-- 8 (a) has custody or guardianship of a child under a child 9 protection order; or 10 (b) has custody of a child under a care agreement.'. 11 Clause 20 Replacement of s 82 (Placing child in care) 12 Section 82-- 13 omit, insert-- 14 `82 Placing child in care 15 `(1) The chief executive may place the child in the care of-- 16 (a) an approved kinship carer for the child; or 17 (b) an approved foster carer; or 18 (c) an entity conducting a departmental care service; or 19 (d) a licensee; or 20 (e) if it is not possible, or not in the child's best interests, for 21 the child to be placed in the care of an entity mentioned 22 in paragraphs (a) to (d)--a provisionally approved carer 23 for the child; or 24 (f) if the chief executive is satisfied another entity would be 25 the most appropriate for meeting the child's particular 26 protection and care needs--that entity. 27 28 Example for paragraph (f)-- 29 A particular medical or residential facility may be the most 30 appropriate entity for a child with a disability.

 


 

s 21 19 s 21 Child Safety Legislation Amendment Bill 2005 `(2) Also, if the child is in the chief executive's custody or 1 guardianship under a child protection order, the chief 2 executive may place the child in the care of a parent of the 3 child. 4 `82A Placement with more than 1 approved carer 5 `(1) The child may be placed in the care of more than 1 approved 6 carer at the same time. 7 `(2) If it is proposed to place the child in the care of an approved 8 carer, and the approved carer lives with his or her spouse and 9 holds a certificate of approval jointly with the spouse, the 10 child must be placed in the care of both of them.'. 11 Clause 21 Amendment of s 83 (Additional provisions for placing 12 Aboriginal and Torres Strait Islander children in care) 13 (1) Section 83(2) and (3)-- 14 omit, insert-- 15 `(2) The chief executive must ensure a recognised entity for the 16 child is given an opportunity to participate in the process for 17 making a decision about where or with whom the child will 18 live. 19 `(3) However, if because of urgent circumstances the chief 20 executive makes the decision without the participation of a 21 recognised entity for the child, the chief executive must 22 consult with a recognised entity for the child as soon as 23 practicable after making the decision.'. 24 (2) Section 83(5)(a)-- 25 omit, insert-- 26 `(a) the views of a recognised entity for the child; and'. 27 (3) Section 83-- 28 insert-- 29 `(6) If the chief executive decides there is no appropriate person 30 mentioned in subsection (4)(a) to (d) in whose care the child 31 may be placed, the chief executive must give proper 32 consideration to placing the child, in order of priority, with-- 33

 


 

s 22 20 s 23 Child Safety Legislation Amendment Bill 2005 (a) a person who lives near the child's family; or 1 (b) a person who lives near the child's community or 2 language group. 3 `(7) Before placing the child in the care of a family member or 4 other person who is not an Aboriginal person or Torres Strait 5 Islander, the chief executive must give proper consideration to 6 whether the person is committed to-- 7 (a) facilitating contact between the child and the child's 8 parents and other family members, subject to any 9 limitations on the contact under section 87; and 10 (b) helping the child to maintain contact with the child's 11 community or language group; and 12 (c) helping the child to maintain a connection with the 13 child's Aboriginal or Torres Strait Islander culture; and 14 (d) preserving and enhancing the child's sense of 15 Aboriginal or Torres Strait Islander identity.'. 16 Clause 22 Amendment of s 83A (Giving information to carers and 17 children) 18 (1) Section 83A(3), `licensed care service'-- 19 omit, insert-- 20 `licensee'. 21 (2) Section 83A(6), definition carer, paragraphs (a) and (b)-- 22 omit, insert-- 23 `(a) if the child is placed in the care of an approved 24 carer--the approved carer; or 25 (b) if the child is placed in the care of another entity--the 26 individual who directly provides care to the child.'. 27 Clause 23 Amendment of s 84 (Agreements to provide care for 28 children) 29 (1) Section 84(1), `approved foster carer'-- 30 omit, insert-- 31

 


 

s 24 21 s 26 Child Safety Legislation Amendment Bill 2005 `approved carer'. 1 (2) Section 84(1), `foster carer must'-- 2 omit, insert-- 3 `approved carer must'. 4 Clause 24 Amendment of s 85 (Chief executive to tell parents of 5 placing child in care--assessment order) 6 Section 85(1)-- 7 omit, insert-- 8 `(1) This section applies if the child is in the chief executive's 9 custody under an assessment order.'. 10 Clause 25 Amendment of s 86 (Chief executive to notify parents of 11 placing child in care--child protection order) 12 Section 86(1)-- 13 omit, insert-- 14 `(1) This section applies if the child is in the chief executive's 15 custody or guardianship under a child protection order.'. 16 Clause 26 Insertion of new s 88 17 After section 87-- 18 insert-- 19 `88 Chief executive to provide contact between 20 Aboriginal or Torres Strait Islander child and child's 21 community or language group 22 `(1) This section applies if the child is an Aboriginal or a Torres 23 Strait Islander child. 24 `(2) The chief executive must provide opportunity for contact, as 25 often as is appropriate in the circumstances, between the child 26 and appropriate members of the child's community or 27 language group.'. 28

 


 

s 27 22 s 28 Child Safety Legislation Amendment Bill 2005 Clause 27 Amendment of s 90 (Notice of removal from care) 1 (1) Section 90(1)-- 2 omit, insert-- 3 `(1) This section applies if the chief executive-- 4 (a) has custody or guardianship of the child under a child 5 protection order; or 6 (b) has custody of the child under a care agreement.'. 7 (2) Section 90(2)(b), `foster'-- 8 omit. 9 (3) Section 90-- 10 insert-- 11 `(5) Subsection (4)(b) to (d) do not apply if-- 12 (a) the child was placed with the carer under a care 13 agreement; or 14 (b) the carer is a provisionally approved carer.'. 15 Clause 28 Amendment of s 91 (Review of decision to remove child 16 from carer's care) 17 Section 91(a) and (b)-- 18 omit, insert-- 19 `(a) the chief executive has custody or guardianship of the 20 child under a child protection order; and 21 (b) the carer is not a provisionally approved carer; and 22 (c) either-- 23 (i) the child protection order grants the chief executive 24 long-term guardianship of the child; or 25 (ii) the stated reason for the decision is the carer is no 26 longer a suitable person to have the care of the 27 child or the carer is no longer able to meet the 28 standards of care in the statement of standards for 29 the child.'. 30

 


 

s 29 23 s 30 Child Safety Legislation Amendment Bill 2005 Clause 29 Amendment of s 95 (Report about person's criminal 1 history etc.) 2 (1) Section 95(1)(b), `a person, other than an approved foster 3 carer'-- 4 omit, insert-- 5 `an individual, other than an approved carer'. 6 (2) Section 95(2)(a), (3)(a), (4) and (7), `commissioner of the 7 police service'-- 8 omit, insert-- 9 `police commissioner'. 10 (3) Section 95(5) and (8),`commissioner's'-- 11 omit, insert-- 12 `police commissioner's'. 13 (4) Section 95(5) and (8),`commissioner'-- 14 omit, insert-- 15 `police commissioner'. 16 Clause 30 Amendment of s 97 (Carrying out medical examinations 17 or treatment) 18 (1) Section 97(1)(b)-- 19 renumber as section 97(1)(c). 20 (2) Section 97(1)-- 21 insert-- 22 `(b) a child is in the chief executive's custody under this Act 23 and the chief executive seeks medical examination of, or 24 treatment for, the child; or'. 25 (3) Section 97(6), after `(1)(a)'-- 26 insert-- 27 `or (b)'. 28 (4) Section 97(6), `(1)(b)'-- 29 omit, insert-- 30

 


 

s 31 24 s 33 Child Safety Legislation Amendment Bill 2005 `(1)(c)'. 1 (5) Section 97(6), `commissioner of the police service'-- 2 omit, insert-- 3 `police commissioner'. 4 Clause 31 Insertion of new s 108A 5 After section 108-- 6 insert-- 7 `108A Right of appearance of departmental co-ordinators 8 `(1) A co-ordinator may appear in a proceeding. 9 `(2) In this section-- 10 co-ordinator means an officer or employee of the department 11 who is authorised in writing by the chief executive to appear 12 in proceedings under this Act.'. 13 Clause 32 Amendment of s 122 (Statement of standards) 14 Section 122(1), words before paragraph (a)-- 15 omit, insert-- 16 `(1) The chief executive must take reasonable steps to ensure a 17 child placed in care under section 82 is cared for in a way that 18 meets the following standards (the statement of 19 standards)--'. 20 Clause 33 Amendment of ch 4, pt 2, hdg (Licensing of care services 21 and approval of foster carers) 22 Chapter 4, part 2, heading, `foster'-- 23 omit. 24

 


 

s 34 25 s 37 Child Safety Legislation Amendment Bill 2005 Clause 34 Amendment of s 125 (Application for, or renewal of, 1 licence) 2 Section 125(2), `142'-- 3 omit, insert-- 4 `142A(a)'. 5 Clause 35 Amendment of ch 4, pt 2, div 3, hdg (Approval of foster 6 carers) 7 Chapter 4, part 2, division 3, heading, after `carers'-- 8 insert-- 9 `and kinship carers'. 10 Clause 36 Insertion of new s 130A 11 Chapter 4, part 2, division 3, before section 131-- 12 insert-- 13 `130A Application of div 3 14 `This division applies to-- 15 (a) a certificate of approval as an approved foster carer (a 16 foster carer certificate); or 17 (b) a certificate of approval as an approved kinship carer (a 18 kinship carer certificate).'. 19 Clause 37 Amendment of s 131 (Only individuals may hold 20 certificates of approval) 21 (1) Section 131, heading-- 22 omit, insert-- 23 `131 Holding a certificate'. 24 (2) Section 131(1), `certificate of approval as an approved foster 25 carer'-- 26 omit, insert-- 27 `certificate'. 28

 


 

s 38 26 s 38 Child Safety Legislation Amendment Bill 2005 (3) Section 131-- 1 insert-- 2 `(4) A person may hold more than 1 kinship carer certificate.'. 3 Clause 38 Replacement of ss 132-135 4 Sections 132 to 135-- 5 omit, insert-- 6 `133 Process for initial issue of a certificate 7 `(1) A person may apply to the chief executive to be issued with a 8 certificate. 9 `(2) The application must be in the approved form. 10 `(3) The approved form may require the disclosure of-- 11 (a) the applicant's criminal history, domestic violence 12 history and traffic history; and 13 (b) the membership of the applicant's household; and 14 (c) information of which the applicant is aware, or that the 15 applicant reasonably suspects, about the criminal 16 history, domestic violence history and traffic history of 17 each member of the applicant's household. 18 `(4) The application must be signed by the applicant and each 19 adult member of the applicant's household. 20 21 Note-- 22 Under division 7, the chief executive may obtain information about the 23 applicant and adult members of the applicant's household direct from 24 the police commissioner and the chief executive for transport. `(5) If the chief executive decides to grant the application, the 25 chief executive must issue a certificate and give it to the 26 applicant. 27 `(6) The certificate may be issued subject to the reasonable 28 conditions the chief executive considers appropriate. 29 `(7) If it is a kinship carer certificate, it must relate only to the care 30 of 1 child. 31 `(8) The matters stated in the certificate must include the 32 following-- 33

 


 

s 38 27 s 38 Child Safety Legislation Amendment Bill 2005 (a) the approved carer's name; 1 (b) whether the carer is an approved foster carer or 2 approved kinship carer; 3 (c) for a kinship carer certificate--the name of the child for 4 whom the carer is approved; 5 (d) any conditions of the certificate; 6 (e) the day of its issue; 7 (f) the day on which it is due to expire (the expiry day). 8 `(9) The expiry day must be-- 9 (a) for a foster carer certificate--1 year from the day of 10 issue; or 11 (b) for a kinship carer certificate--not more than 1 year 12 from the day of issue. 13 `(10) Subject to this Act, the certificate has effect until the expiry 14 day. 15 `134 Process to renew a certificate 16 `(1) Before a certificate ends, the holder may apply to the chief 17 executive to renew the certificate. 18 `(2) The application must be in the approved form. 19 `(3) The approved form may require the disclosure of a change to 20 any of the following information that has not been previously 21 notified to the chief executive-- 22 (a) the applicant's criminal history, domestic violence 23 history and traffic history; 24 (b) the membership of the applicant's household; 25 (c) information of which the applicant is aware, or that the 26 applicant reasonably suspects, about the criminal 27 history, domestic violence history and traffic history of a 28 member of the applicant's household. 29 `(4) The application must be signed by the applicant and each 30 adult member of the applicant's household. 31

 


 

s 38 28 s 38 Child Safety Legislation Amendment Bill 2005 1 Note-- 2 Under division 7, the chief executive may obtain information about the 3 applicant and adult members of the applicant's household direct from 4 the police commissioner and the chief executive for transport. `(5) If the chief executive decides to grant the application, the 5 chief executive must issue a new certificate and give it to the 6 applicant. 7 `(6) The matters stated in the certificate must include the 8 following-- 9 (a) that it is a renewed certificate; 10 (b) the approved carer's name; 11 (c) whether the carer is an approved foster carer or 12 approved kinship carer; 13 (d) for a kinship carer certificate--the name of the child for 14 whom the carer is approved; 15 (e) any conditions of the certificate; 16 (f) the day of its issue; 17 (g) the day on which it is due to expire (the expiry day). 18 `(7) The conditions may only include conditions that applied 19 immediately before the renewal. 20 21 Note-- 22 The conditions may be changed by amending the certificate under 23 division 4. `(8) The expiry day must be-- 24 (a) for a foster carer certificate--2 years from the day of 25 issue; or 26 (b) for a kinship carer certificate--not more than 2 years 27 from the day of issue. 28 `(9) Subject to this Act, the certificate has effect until the expiry 29 day. 30

 


 

s 39 29 s 39 Child Safety Legislation Amendment Bill 2005 `135 Restrictions on granting application 1 `The chief executive must not grant an application for, or to 2 renew, a certificate unless the chief executive is satisfied of the 3 following matters-- 4 (a) for a foster carer certificate-- 5 (i) the applicant is a suitable person to be an approved 6 foster carer; and 7 (ii) all members of the applicant's household are 8 suitable persons to associate on a daily basis with 9 children; and 10 (iii) the applicant is able to meet the standards of care 11 in the statement of standards; and 12 (iv) the applicant is able to help in appropriate ways 13 towards achieving plans for the protection of a 14 child placed in the carer's care; 15 (b) for a kinship carer certificate-- 16 (i) the applicant is kin to the child to whom the 17 approval relates; and 18 (ii) the applicant is a suitable person to be an approved 19 kinship carer for the child; and 20 (iii) all members of the applicant's household are 21 suitable persons to associate on a daily basis with 22 the child; and 23 (iv) the applicant is able to meet the standards of care 24 in the statement of standards; and 25 (v) the applicant is able to help in appropriate ways 26 towards achieving plans for the child's protection.'. 27 Clause 39 Renumbering of ss 130A and 131 28 Sections 130A and 131-- 29 renumber as sections 131 and 132. 30

 


 

s 40 30 s 41 Child Safety Legislation Amendment Bill 2005 Clause 40 Amendment of s 136 (Refusal of application) 1 Section 136(1), `the application'-- 2 omit, insert-- 3 `an application for, or to renew, a certificate'. 4 Clause 41 Insertion of new ch 4, pt 2, div 3A 5 Chapter 4, part 2, after division 3-- 6 insert-- 7 `Division 3A Provisional approval of carers 8 `136A Application and purpose of div 3A 9 `(1) This division applies to a certificate of approval as a 10 provisionally approved carer. 11 `(2) The purpose of this division is to enable the chief executive to 12 give limited approval to a person to care for a particular child 13 in circumstances where-- 14 (a) the person has been provisionally assessed as suitable to 15 care for the child; and 16 (b) it is not possible, or not in the child's best interests, for 17 the child to be placed in the care of an approved kinship 18 carer for the child, approved foster carer, entity 19 conducting a departmental care service or licensee. 20 `136B Holding a certificate 21 `(1) Only an individual is eligible to hold a certificate. 22 `(2) Two or more individuals may hold a certificate jointly. 23 `(3) A person living with his or her spouse may only hold a 24 certificate jointly with the spouse. 25 `(4) A person may hold more than 1 certificate. 26

 


 

s 41 31 s 41 Child Safety Legislation Amendment Bill 2005 `136C Basis for issuing a certificate 1 `The chief executive may decide to issue a person with a 2 certificate relating to the care of a particular child if-- 3 (a) the chief executive proposes to place the child in care 4 under this Act; and 5 (b) the person has applied for a certificate of approval as-- 6 (i) an approved foster carer; or 7 (ii) an approved kinship carer for the child; and 8 (c) the application has not yet been decided; and 9 (d) the person agrees to being issued with a certificate of 10 approval as a provisionally approved carer for the child; 11 and 12 (e) the chief executive is satisfied of the following 13 matters-- 14 (i) the person is a suitable person to be a provisionally 15 approved carer for the child; 16 (ii) all members of the person's household are suitable 17 persons to associate on a daily basis with the child; 18 (iii) the person is able to meet the standards of care in 19 the statement of standards. 20 `136D Issue of certificate 21 `(1) If the chief executive makes a decision under section 136C, 22 the chief executive must issue a certificate and give it to the 23 applicant. 24 `(2) The certificate may be issued subject to the reasonable 25 conditions the chief executive considers appropriate. 26 `(3) The certificate must relate only to the care of 1 child. 27 `(4) The matters stated in the certificate must include the 28 following-- 29 (a) the approved carer's name; 30 (b) that it is a certificate of approval as a provisionally 31 approved carer; 32

 


 

s 42 32 s 42 Child Safety Legislation Amendment Bill 2005 (c) the name of the child for whom the carer is approved; 1 (d) any conditions of the certificate; 2 (e) the day of its issue; 3 (f) the day on which it is due to expire (the expiry day). 4 `(5) The expiry day must be not more than 60 days from the day of 5 issue. 6 `(6) Subject to this Act, the certificate has effect until the earlier of 7 the following days-- 8 (a) the expiry day; 9 (b) the day the carer is-- 10 (i) issued with a foster carer certificate or kinship 11 carer certificate for the child; or 12 (ii) given written notice that the carer's application for 13 a foster carer certificate or kinship carer certificate 14 for the child has been refused.'. 15 Clause 42 Amendment of s 137 (Amendment of authority on 16 application of holder) 17 (1) Section 137(2) to (5)-- 18 renumber as section 137(3) to (7). 19 (2) Section 137-- 20 insert-- 21 `(2) A certificate of approval as an approved kinship carer or a 22 provisionally approved carer may not be amended to change 23 the child for whom the carer is approved.'. 24 (3) Section 137-- 25 insert-- 26 `(8) Subsection (7)(c) and (d) do not apply to a provisional 27 certificate.'. 28

 


 

s 43 33 s 44 Child Safety Legislation Amendment Bill 2005 Clause 43 Amendment of s 138 (Amendment of authority by the 1 chief executive) 2 Section 138-- 3 insert-- 4 `(8) The chief executive may not act under this section-- 5 (a) to amend a certificate of approval to extend the period 6 for which the certificate has effect; or 7 (b) to amend a provisional certificate.'. 8 Clause 44 Insertion of new ss 138A-138C 9 After section 138-- 10 insert-- 11 `138A Amendment of kinship carer certificate to extend its 12 expiry day 13 `(1) This section applies to a certificate of approval as an approved 14 kinship carer. 15 `(2) The chief executive may amend the certificate to extend its 16 expiry day if-- 17 (a) the certificate is still in force; and 18 (b) the chief executive is satisfied the amendment is 19 appropriate and desirable to meet the needs of the child 20 for whom the holder is approved; and 21 (c) the holder agrees to the amendment. 22 `(3) The expiry day may only be extended to a day that is-- 23 (a) for an initial certificate--not more than 1 year after the 24 day it is issued; or 25 (b) for a renewed certificate--not more than 2 years after 26 the day it is issued. 27 `(4) In this section-- 28 expiry day means the day on which the certificate is due to 29 expire. 30

 


 

s 44 34 s 44 Child Safety Legislation Amendment Bill 2005 `138B Amendment of provisional certificate to extend its 1 expiry day 2 `(1) This section applies to a certificate of approval as a 3 provisionally approved carer. 4 `(2) The chief executive may amend the certificate to extend its 5 expiry day if-- 6 (a) the certificate is still in force; and 7 (b) the chief executive considers the holder's application for 8 a certificate of approval as an approved foster carer or 9 approved kinship carer is likely to be decided within the 10 period of the proposed extension; and 11 (c) the chief executive is satisfied the amendment is 12 appropriate and desirable to meet the needs of the child 13 for whom the holder is approved; and 14 (d) the holder agrees to the amendment. 15 `(3) Despite section 136D(5), the expiry day may be extended to a 16 day that is more than 60 days after the day the certificate was 17 issued. 18 `(4) The expiry day may not be extended by more than 30 days. 19 `(5) The expiry day may only be extended once. 20 `(6) In this section-- 21 expiry day means the day on which the certificate is due to 22 expire. 23 `138C Other amendment of provisional certificate by the 24 chief executive 25 `(1) This section applies to a certificate of approval as a 26 provisionally approved carer. 27 `(2) The chief executive may amend the certificate at any time if-- 28 (a) the holder agrees to the amendment; or 29 (b) the chief executive considers it is necessary or desirable 30 because-- 31

 


 

s 45 35 s 45 Child Safety Legislation Amendment Bill 2005 (i) the holder is not meeting the standards required 1 under the certificate or a condition of the 2 certificate; or 3 (ii) the holder has contravened a provision of this Act; 4 or 5 (iii) the certificate was issued because of a materially 6 false or misleading representation or declaration 7 (made either orally or in writing); or 8 (iv) the chief executive has obtained further 9 information relating to the holder's application for 10 a certificate of approval as an approved foster carer 11 or approved kinship carer; or 12 (v) of another circumstance prescribed under a 13 regulation. 14 `(3) If the chief executive decides to amend the certificate under 15 subsection (2)(b), the chief executive must give the holder a 16 written notice stating-- 17 (a) the amendment; and 18 (b) the reasons for the decision to make the amendment. 19 `(4) This section does not apply to an amendment of the certificate 20 to extend its expiry day.'. 21 Clause 45 Amendment of s 139 (Authority may be suspended or 22 cancelled) 23 (1) Section 139(1)(b), after `approval'-- 24 insert-- 25 `as an approved foster carer'. 26 (2) Section 139(1)(c) to (f)-- 27 renumber as section 139(1)(e) to (h). 28 (3) Section 139(1)-- 29 insert-- 30 `(c) if the authority is a certificate of approval as an 31 approved kinship carer-- 32

 


 

s 45 36 s 45 Child Safety Legislation Amendment Bill 2005 (i) the holder of the certificate is not a suitable person 1 to be an approved kinship carer for the child to 2 whom the approval relates; or 3 (ii) a member of the holder's household is not a 4 suitable person to associate on a daily basis with 5 the child to whom the approval relates; 6 (d) if the authority is a certificate of approval as a 7 provisionally approved carer-- 8 (i) the holder is not a suitable person to be a 9 provisionally approved carer for the child to whom 10 the approval relates; or 11 (ii) a member of the holder's household is not a 12 suitable person to associate on a daily basis with 13 the child to whom the approval relates; or 14 (iii) the chief executive has decided to refuse the 15 holder's application for a certificate of approval as 16 an approved foster carer or approved kinship 17 carer;'. 18 (4) Section 139(2)-- 19 renumber as section 139(5). 20 (5) Section 139-- 21 insert-- 22 `(2) The chief executive may cancel a certificate of approval if the 23 holder lives with the holder's spouse but does not hold the 24 certificate jointly with the spouse. 25 `(3) The chief executive may cancel a certificate of approval held 26 jointly by 2 persons if-- 27 (a) when the certificate was issued to them, they were 28 spouses living together; and 29 (b) they have stopped being spouses or stopped living 30 together; and 31 (c) the chief executive considers it inappropriate in all the 32 circumstances for them to continue to jointly hold the 33 certificate. 34

 


 

s 46 37 s 47 Child Safety Legislation Amendment Bill 2005 `(4) However, if the holder of a certificate of approval mentioned 1 in subsection (2) or (3) (the current certificate) applies for 2 another certificate of approval, the chief executive must not 3 cancel the current certificate under subsection (2) or (3) until 4 the application is decided.'. 5 Clause 46 Amendment of s 140 (Procedure for suspension or 6 cancellation) 7 (1) Section 140(1), `cancel the authority'-- 8 omit, insert-- 9 `cancel an authority under section 139'. 10 (2) Section 140-- 11 insert-- 12 `(7) This section does not apply to a provisional certificate.'. 13 Clause 47 Insertion of new s 140AA 14 After section 140-- 15 insert-- 16 `140AAProcedure for suspension or cancellation of 17 provisional certificate 18 `(1) This section applies if the chief executive decides to suspend 19 or cancel a certificate of approval as a provisionally approved 20 carer. 21 `(2) The chief executive must inform the holder of the decision by 22 written notice, stating the reasons for the decision. 23 `(3) The chief executive must record particulars of the suspension 24 or cancellation on the authority. 25 `(4) To remove any doubt, it is declared that the suspension or 26 cancellation does not, of itself, affect the holder's application 27 for a certificate of approval as an approved foster carer or 28 approved kinship carer.'. 29

 


 

s 48 38 s 50 Child Safety Legislation Amendment Bill 2005 Clause 48 Amendment of s 140A (Chief executive may notify 1 Commissioner for Children and Young People and Child 2 Guardian about particular information) 3 Section 140A(1)-- 4 omit, insert-- 5 `(1) This section applies if the chief executive amends, suspends or 6 cancels a certificate of approval under this division (a 7 disciplinary action).'. 8 Clause 49 Amendment of s 141 (Amendment, suspension and 9 cancellation of authorities) 10 (1) Section 141(2), `, not less than 7 days,'-- 11 omit. 12 (2) Section 141-- 13 insert-- 14 `(2A) The stated period must be-- 15 (a) if the authority is a provisional certificate--not less than 16 2 days after the notice is given; or 17 (b) otherwise--not less than 7 days after the notice is 18 given.'. 19 (3) Section 141-- 20 insert-- 21 `(6A) Subsection (7)(b) does not apply to an amendment of a 22 certificate of approval to extend its expiry day under section 23 138A or 138B.'. 24 (4) Section 141(2A) to (7)-- 25 renumber as section 141(3) to (9). 26 Clause 50 Amendment of s 141A (Surrender of authorities) 27 Section 141A(2)-- 28 omit, insert-- 29 `(2) The surrender takes effect-- 30

 


 

s 51 39 s 51 Child Safety Legislation Amendment Bill 2005 (a) for a licence or certificate of approval as an approved 1 foster carer-- 2 (i) on the day that is 21 days after the notice is given 3 to the chief executive; or 4 (ii) if a later day of effect is stated in the notice--on 5 the later day; or 6 (b) for a certificate of approval as an approved kinship carer 7 or provisionally approved carer-- 8 (i) on the day the notice is given to the chief 9 executive; or 10 (ii) if a later day of effect is stated in the notice--on 11 the later day.'. 12 Clause 51 Replacement of ch 4, pt 2, div 5, hdg and s 142 13 Chapter 4, part 2, division 5, heading and section 142-- 14 omit, insert-- 15 `Division 5 Notification of changes relating to 16 authority holders and associated 17 persons 18 `141B Personal history 19 `(1) A person's personal history is the person's criminal history, 20 domestic violence history and traffic history. 21 `(2) A reference in this division to a change in a person's personal 22 history includes, for a person who does not have a personal 23 history, the acquisition of a personal history. 24 `141C Personal history change--nominee 25 `If there is a change in the personal history of the nominee for 26 a licence, the nominee must immediately notify the chief 27 executive, in the approved form, that the change has 28 happened. 29 Maximum penalty--100 penalty units. 30

 


 

s 51 40 s 51 Child Safety Legislation Amendment Bill 2005 `141D Personal history change--other persons associated 1 with a licence 2 `(1) This section applies to each of the following persons in 3 relation to a licensed care service-- 4 (a) a person responsible for directly managing the service; 5 (b) a director of the licensee; 6 (c) a person engaged in relation to the provision of care 7 services by the service. 8 `(2) If there is a change in the person's personal history, the person 9 must immediately disclose to the nominee for the licence that 10 there has been a change in the person's personal history. 11 Maximum penalty--100 penalty units. 12 `(3) On receiving the disclosure, the nominee must immediately 13 notify the chief executive, in the approved form, that there has 14 been a change in the person's personal history. 15 Maximum penalty--100 penalty units. 16 `(4) Subsection (2) does not apply if, immediately after the 17 change, the person stops being a person mentioned in 18 subsection (1). 19 `(5) To remove any doubt, it is declared that it is not a requirement 20 of subsection (2) that the person give the nominee any 21 information about the change other than that a change has 22 happened. 23 `141E Personal history change--approved carer 24 `If there is a change in an approved carer's personal history, 25 the approved carer must immediately notify the chief 26 executive, in the approved form, that the change has 27 happened. 28 Maximum penalty--100 penalty units. 29 `141F Personal history change--other household members 30 `(1) This section applies if an approved carer becomes aware of, or 31 reasonably suspects there has been, a change in the personal 32 history of a member of the carer's household. 33

 


 

s 51 41 s 51 Child Safety Legislation Amendment Bill 2005 `(2) The approved carer must immediately notify the chief 1 executive, in the approved form, that the change has happened 2 or is suspected to have happened. 3 Maximum penalty--100 penalty units. 4 `141G Approved carer must notify other changes 5 `(1) This section applies to an approved carer if-- 6 (a) a person becomes a member of the approved carer's 7 household; or 8 (b) a person stops being a member of the approved carer's 9 household; or 10 (c) a person becomes the approved carer's spouse; or 11 (d) a person stops being the approved carer's spouse. 12 `(2) The approved carer must immediately give the chief executive 13 notice of the matter in the approved form. 14 Maximum penalty--100 penalty units. 15 `(3) The approved form must include provision for it to be signed 16 by a person mentioned in subsection (1)(a) if the person is an 17 adult. 18 `(4) If an adult becomes a member of the approved carer's 19 household, the approved carer does not commit an offence 20 against subsection (2) only by giving a notice under 21 subsection (2) that is not signed by the adult. 22 `Division 6 Investigative information 23 `141H Police commissioner may decide that information 24 about a person is investigative information 25 `(1) The police commissioner may decide under this section that 26 information about a person (the investigated person) is 27 investigative information if-- 28 (a) there is or was evidence of acts or omissions that, at the 29 time of the acts or omissions, constituted a serious 30 child-related sexual offence (the alleged offence) by the 31

 


 

s 51 42 s 51 Child Safety Legislation Amendment Bill 2005 investigated person against a child or a person who was 1 a child at the time of the offence (each of whom is a 2 complainant); and 3 (b) the police investigated the alleged offence and the 4 investigated person was formally notified about the 5 investigation, including-- 6 (i) by participating in an interview, or by being asked 7 to participate in an interview, about the alleged 8 offence; or 9 (ii) by otherwise being given an opportunity to answer 10 allegations about the alleged offence; and 11 (c) there was sufficient evidence available that was capable 12 of establishing each element of the alleged offence but a 13 decision was made not to charge the investigated person 14 because-- 15 (i) the complainant died before the charge was 16 brought; or 17 (ii) either or both of the following applied-- 18 (A) the complainant was unwilling to proceed; 19 (B) an adult who, at the relevant time, was the 20 complainant's parent or guardian decided 21 that, in the interests of the complainant, the 22 matter should not proceed. 23 `(2) Evidence of acts or omissions includes information from a 24 third party if the complainant did not make a formal complaint 25 at or about the time of the investigation. 26 `(3) Despite the Police Service Administration Act 1990, section 27 4.10, the police commissioner may not delegate the police 28 commissioner's powers under this section. 29 `(4) In this section-- 30 serious child-related sexual offence see the Commission for 31 Children and Young People and Child Guardian Act 2000, 32 section 99D. 33

 


 

s 51 43 s 51 Child Safety Legislation Amendment Bill 2005 `141I Appeal from decision that information is 1 investigative information 2 `(1) This section applies if the police commissioner decides that 3 information about the investigated person is investigative 4 information and gives the information to the chief executive 5 under section 142C. 6 `(2) The police commissioner must give notice, in the approved 7 form, to the investigated person that-- 8 (a) the police commissioner has decided that information 9 about the person is investigative information; and 10 (b) investigative information has been given to the chief 11 executive. 12 `(3) Within 28 days after being given the notice, the investigated 13 person may appeal to a Magistrates Court about the decision 14 that the information is investigative information. 15 `(4) The chief executive and police commissioner must be given a 16 copy of the notice of appeal. 17 `(5) The tribunal does not have jurisdiction to review a decision of 18 the police commissioner that information about a person is 19 investigative information or that information that is 20 investigative information may be given to the chief executive. 21 `141J Court to decide matters afresh 22 `(1) A Magistrates Court hearing an appeal under section 141I is 23 to decide afresh whether the information given to the chief 24 executive as investigative information about the investigated 25 person is investigative information. 26 `(2) A person who is the relevant complainant under section 141H 27 must not be asked or called on by the investigated person to 28 give evidence in person before the court. 29 `(3) Subsection (2) does not prevent documentary evidence being 30 tendered and received in evidence by the court. 31 `(4) After hearing the appeal, the court may confirm or set aside 32 the decision. 33

 


 

s 51 44 s 51 Child Safety Legislation Amendment Bill 2005 `(5) For subsection (4), the court must have regard to the matters 1 the police commissioner was required to have regard to under 2 this Act when the police commissioner made the decision. 3 `(6) The clerk of the court must give notice of the decision to the 4 investigated person, the police commissioner and the chief 5 executive. 6 `141K Consequence of successful appeal 7 `(1) This section applies if, on appeal, a Magistrates Court sets 8 aside the police commissioner's decision under section 141H 9 that information given to the chief executive about the 10 investigated person (the relevant information) is investigative 11 information. 12 `(2) If the chief executive has made an authority decision, the chief 13 executive must set aside that decision. 14 `(3) In making an authority decision, the chief executive must not 15 have regard to the relevant information. 16 `(4) In this section-- 17 authority decision means a decision, after receiving the 18 relevant information, to-- 19 (a) refuse an application for an authority; or 20 (b) refuse to renew an authority; or 21 (c) amend, suspend or cancel an authority. 22 `Division 7 Obtaining criminal histories and 23 other information to decide 24 persons' suitability 25 `142 Meaning of police information 26 `In this division-- 27 police information, about a person, means the following-- 28 (a) the person's criminal history; 29

 


 

s 51 45 s 51 Child Safety Legislation Amendment Bill 2005 (b) investigative information about the person; 1 (c) the person's domestic violence history. 2 `142A Persons whose suitability may be investigated 3 `This division provides for the chief executive to obtain 4 particular information to help in deciding, and monitoring, the 5 suitability of-- 6 (a) for a licence-- 7 (i) the person who will be or is responsible for directly 8 managing the service under the licence; and 9 (ii) the directors of an applicant for the licence or the 10 licensee; and 11 (iii) the nominee for the licence; and 12 (iv) the persons who will be, or are, engaged in relation 13 to the provision of care services by the service; or 14 (b) for a certificate of approval-- 15 (i) an applicant for, or holder of, the certificate; and 16 (ii) another adult member of the household of an 17 applicant for, or holder of, the certificate. 18 `142B Obtaining traffic information 19 `(1) The chief executive may ask the chief executive for transport 20 for a written report about the traffic history of a person 21 mentioned in section 142A. 22

 


 

s 51 46 s 51 Child Safety Legislation Amendment Bill 2005 `(2) The chief executive for transport must comply with the 1 request despite the Transport Operations (Road Use 2 Management) Act 1995, section 77.2 3 `142C Obtaining police information 4 `(1) The chief executive may ask the police commissioner for 5 information, or for access to the police commissioner's 6 records, to enable the chief executive to learn what police 7 information exists, if any, in relation to a person mentioned in 8 section 142A. 9 `(2) If there is police information about the person, the chief 10 executive may ask the police commissioner for a brief 11 description of the circumstances of a conviction or charge, or 12 of investigative information, mentioned in the police 13 information. 14 `(3) The police commissioner must comply with a request under 15 subsection (1) or (2). 16 `(4) However, the duty imposed on the police commissioner to 17 comply with a request for information applies only to 18 information in the police commissioner's possession or to 19 which the police commissioner has access. 20 `(5) The police commissioner need not give investigative 21 information, or give access to a record containing 22 investigative information, about the person to the chief 23 executive under this section if the police commissioner is 24 reasonably satisfied that giving the information or access may 25 do any of the following-- 26 (a) prejudice the investigation of a contravention or possible 27 contravention of the law in a particular case; 28 (b) enable the existence or identity of a confidential source 29 of information, in relation to the enforcement or 30 administration of the law, to be ascertained; 31 (c) endanger a person's life or physical safety; 32 2 Transport Operations (Road Use Management) Act 1995, section 77 (Restricted release of Queensland driver licence and traffic history information)

 


 

s 51 47 s 51 Child Safety Legislation Amendment Bill 2005 (d) prejudice the effectiveness of a lawful method or 1 procedure for preventing, detecting, investigating or 2 dealing with a contravention or possible contravention 3 of the law. 4 `142D Notice of change in police information 5 `(1) This section applies if a person's police information changes 6 and the police commissioner reasonably suspects the person is 7 a person mentioned in section 142A. 8 `(2) The police commissioner may give the chief executive a 9 notice stating-- 10 (a) the person's name and any other name that the police 11 commissioner believes the person may use or may have 12 used; and 13 (b) the person's gender; and 14 (c) the person's date and place of birth; and 15 (d) that there has been a change in the person's police 16 information. 17 `(3) The chief executive may confirm the police commissioner's 18 suspicions under subsection (1). 19 `142E Chief executive may enter into arrangement with 20 police commissioner about giving and receiving 21 information 22 `(1) This section applies only to the extent that another provision 23 under this Act allows the chief executive to give information 24 to the police commissioner or the police commissioner to give 25 information to the chief executive. 26 `(2) The chief executive and the police commissioner may enter 27 into a written arrangement by which the information is given 28 or received. 29 `(3) Without limiting subsection (2), the arrangement may provide 30 for the electronic transfer of information, including on a daily 31 basis. 32 `(4) However, if information is to be electronically transferred and, 33 under this Act, there is a limitation on who may access the 34

 


 

s 52 48 s 54 Child Safety Legislation Amendment Bill 2005 information or the purposes for which the information may be 1 used, the arrangement must provide for the limitation. 2 `Division 8 General'. 3 Clause 52 Amendment of s 143 (Effect of failure to decide 4 application for, or for renewal of, authority) 5 Section 143(1), after `application for'-- 6 insert-- 7 `, or to renew,'. 8 Clause 53 Amendment of s 148 (Obligation to report harm to 9 children in residential care) 10 (1) Section 148, heading, `residential care'-- 11 omit, insert-- 12 `departmental and licensed care services'. 13 (2) Section 148(1), `child in residential care'-- 14 omit, insert-- 15 `child placed in the care of an entity conducting a 16 departmental care service or a licensee'. 17 (3) Section 148(6), definition child in residential care-- 18 omit. 19 (4) Section 148(6), definition responsible person, paragraph (c), 20 before `licensed care service'-- 21 insert-- 22 `departmental care service or'. 23 Clause 54 Amendment of s 159D (Other definitions for ch 5A) 24 Section 159D, definition prescribed entity, paragraph (e)-- 25 omit, insert-- 26 `(e) the police commissioner;'. 27

 


 

s 55 49 s 58 Child Safety Legislation Amendment Bill 2005 Clause 55 Amendment of s 159H (Chief executive may ask 1 particular prescribed entities to provide a service) 2 Section 159H(1)(c)-- 3 omit, insert-- 4 `(c) the police commissioner.'. 5 Clause 56 Amendment of s 159K (Members) 6 Section 159K(a)-- 7 omit, insert-- 8 `(a) the following entities (the core members)-- 9 (i) the chief executive; 10 (ii) the chief executive of the department mainly 11 responsible for public health; 12 (iii) the chief executive of the department mainly 13 responsible for education; 14 (iv) the police commissioner; 15 (v) in relation to the protection needs of an Aboriginal 16 or Torres Strait Islander child--a recognised entity 17 for the child; and'. 18 Clause 57 Amendment of s 159M (Particular prescribed entities 19 giving and receiving relevant information) 20 Section 159M(1)(d)-- 21 omit, insert-- 22 `(d) the police commissioner.'. 23 Clause 58 Amendment of s 159P (Release of information for an 24 investigation under the Coroners Act) 25 (1) Section 159P, heading-- 26 omit, insert-- 27

 


 

s 58 50 s 58 Child Safety Legislation Amendment Bill 2005 `159P Release of information for reporting or investigating a 1 death under the Coroners Act'. 2 (2) Section 159P(1)-- 3 omit, insert-- 4 `(1) If a child dies, the chief executive may give the information 5 mentioned in subsection (2) to-- 6 (a) a police officer investigating the death; or 7 (b) a coroner investigating the death; or 8 (c) a police officer helping a coroner investigating the 9 death.'. 10 (3) Section 159P(2), words before paragraph (a)-- 11 omit, insert-- 12 `(2) The information that may be given is information about any of 13 the following matters--'. 14 (4) Section 159P(3)(a)(i), before `investigation'-- 15 insert-- 16 `coroner's'. 17 (5) Section 159P(3)(a)(ii)-- 18 renumber as section 159P(3)(a)(iii). 19 (6) Section 159P(3)(a)-- 20 insert-- 21 `(ii) in the case of a police officer-- 22 (A) assessing whether the death should be 23 reported to a coroner; or 24 (B) reporting the death to a coroner; or 25 (C) giving the information to a coroner to whom 26 the death is being, or has been, reported; or'. 27 (7) Section 159P(3)(b)(ii), `the coroner approves'-- 28 omit, insert-- 29 `the disclosure is to a coroner or a coroner approves'. 30

 


 

s 59 51 s 62 Child Safety Legislation Amendment Bill 2005 (8) Section 159P(4), definition child in care, `or (e)'-- 1 omit. 2 Clause 59 Amendment of s 162 (Offence to remove child from carer) 3 (1) Section 162(1), after `protection order'-- 4 insert-- 5 `or in the chief executive's custody under a care agreement'. 6 (2) Section 162-- 7 insert-- 8 `(4) If the child is in the chief executive's custody under a care 9 agreement, subsection (2) does not apply to a party to the 10 agreement.'. 11 Clause 60 Amendment of s 163 (Offence to remove child from 12 carer--order made in another State) 13 Section 163-- 14 insert-- 15 `(3) In this section-- 16 carer, of a child, means the entity in whose care the child has 17 been placed under the law of the other State.'. 18 Clause 61 Amendment of s 175 (Interstate warrants--arrangements 19 for apprehended child until magistrate is available) 20 Section 175(2), example, `foster'-- 21 omit. 22 Clause 62 Amendment of s 182 (Evidentiary provisions) 23 Section 182(4)(h), `recognised Aboriginal or Torres Strait 24 Islander agency'-- 25 omit, insert-- 26 `recognised entity'. 27

 


 

s 63 52 s 63 Child Safety Legislation Amendment Bill 2005 Clause 63 Amendment of s 187 (Confidentiality of information 1 obtained by persons involved in administration of Act) 2 (1) Section 187(1)(a)(iv), `approved foster carer or other carer'-- 3 omit, insert-- 4 `approved carer or other person'. 5 (2) Section 187(1)(a)(vi) to (ix)-- 6 renumber as section 187(1)(a)(vii) to (x). 7 (3) Section 187(1)(a)-- 8 insert-- 9 `(vi) a recognised entity or member of a recognised 10 entity; or'. 11 (4) Section 187(3)(b), `directly'-- 12 omit. 13 (5) Section 187(3)(b), example, `foster'-- 14 omit. 15 (6) Section 187(3)(c)(ii), `by law'-- 16 omit, insert-- 17 `under this division or another law'. 18 (7) Section 187(4) and (5)-- 19 omit, insert-- 20 `(4) Also, the person may disclose the information or give access 21 to the document-- 22 (a) to another person, to the extent that the information or 23 document is about the other person; or 24 (b) to the chief executive or an authorised officer, to enable 25 the proper administration of chapter 4.3'. 26 (8) Section 187(6)-- 27 renumber as section 187(5). 28 (9) Section 187-- 29 3 Chapter 4 (Regulation of care)

 


 

s 64 53 s 64 Child Safety Legislation Amendment Bill 2005 insert-- 1 `(6) In this section-- 2 recognised Aboriginal or Torres Strait Islander agency 3 means a recognised Aboriginal or Torres Strait Islander 4 agency under this Act before the commencement of the Child 5 Safety Legislation Amendment Act 2005, section 64.'. 6 Clause 64 Insertion of new s 188B 7 After section 188A-- 8 insert-- 9 `188B Disclosure of information to a child's family group 10 `(1) The chief executive or an authorised officer may disclose 11 information about a child to a member of the child's family 12 group if satisfied the disclosure would be in the child's best 13 interests. 14 `(2) Before disclosing information under this section, the chief 15 executive or officer must-- 16 (a) obtain and have regard to the child's views, if the child 17 is able to form and express views, taking into account 18 the child's age and ability to understand; and 19 (b) consider whether the disclosure is likely to adversely 20 affect the child's relationship with members of the 21 child's family group; and 22 (c) consider whether the disclosure is likely to have adverse 23 effects for anyone else, including a risk to anyone's 24 safety; and 25 (d) have regard to-- 26 (i) any views expressed by the child's parents; and 27 (ii) the relationship between the child and the person to 28 whom it is proposed to disclose the information, 29 and any views expressed by that person; and 30 (iii) the child's case plan. 31 `(3) This section applies subject to section 186. 32

 


 

s 65 54 s 66 Child Safety Legislation Amendment Bill 2005 `(4) In this section-- 1 family group see section 51E.'. 2 Clause 65 Insertion of new s 246I 3 Chapter 8, before section 247-- 4 insert-- 5 `246I Recognised entities 6 `(1) The chief executive must keep a list of entities with whom to 7 consult about issues relating to the protection and care of 8 Aboriginal or Torres Strait Islander children. 9 `(2) The chief executive must not include an entity on the list 10 unless the entity is-- 11 (a) an individual-- 12 (i) who is an Aboriginal or Torres Strait Islander 13 person; and 14 (ii) who has appropriate knowledge of, or expertise in, 15 child protection; and 16 (iii) who is not an officer or employee of the 17 department; or 18 (b) an entity-- 19 (i) whose members include individuals mentioned in 20 paragraph (a); and 21 (ii) that has a function of providing services to 22 Aboriginal persons or Torres Strait Islanders. 23 `(3) The chief executive must make the list available for public 24 inspection.'. 25 Clause 66 Insertion of new ch 9, pt 5 26 Chapter 9, after part 4-- 27 insert-- 28

 


 

s 66 55 s 66 Child Safety Legislation Amendment Bill 2005 `Part 5 Savings and transitional 1 provisions for Child Safety 2 Legislation Amendment Act 3 2005 4 `263 Administrative approvals as carers 5 `(1) An administrative approval of a person as a relative carer, in 6 force immediately before the commencement day, continues 7 in force as an approval of the person as an approved kinship 8 carer. 9 `(2) Subject to this Act, an approval under subsection (1) 10 continues in force until-- 11 (a) if the administrative approval was given more than 2 12 years before the commencement day--the anniversary 13 of the day of its issue first happening after the 14 commencement day; or 15 (b) otherwise--the second anniversary of the day of its 16 issue. 17 `(3) An administrative approval of a person as a limited approval 18 carer, in force immediately before the commencement day, 19 continues in force as an approval of the person as a 20 provisionally approved carer. 21 `(4) Subject to this Act, an approval under subsection (3) 22 continues in force until the day stated in the administrative 23 approval. 24 `(5) In this section-- 25 administrative approval means an approval given by the chief 26 executive, before the commencement day, under an 27 administrative scheme for approving persons as carers for this 28 Act. 29 commencement day means the day the Child Safety 30 Legislation Amendment Act 2005, section 38, commences. 31

 


 

s 67 56 s 67 Child Safety Legislation Amendment Bill 2005 `264 Current applications relating to foster carer 1 certificates 2 `(1) This section applies to an application made under repealed 3 section 132 that, immediately before the commencement day, 4 had not been decided. 5 `(2) If the application is for a certificate of approval, it is taken to 6 have been made under section 133. 7 `(3) If the application is to renew a certificate of approval, it is 8 taken to have been made under section 134. 9 `(4) In this section-- 10 commencement day means the day the Child Safety 11 Legislation Amendment Act 2005, section 38, commences. 12 repealed section 132 means section 132 as in force before the 13 commencement day. 14 `265 Recognised entities 15 `(1) This section applies if, on the commencement day, there is no 16 list under section 246I. 17 `(2) Until a list is established, an entity that, immediately before 18 the commencement day, was a recognised Aboriginal or 19 Torres Strait Islander agency for a particular child continues 20 as a recognised entity for the child. 21 `(3) In this section-- 22 commencement day means the day the Child Safety 23 Legislation Amendment Act 2005, section 65, commences.'. 24 Clause 67 Replacement of sch 2 (Reviewable decisions and 25 aggrieved persons) 26 Schedule 2-- 27 omit, insert-- 28

 


 

s 67 57 s 67 Child Safety Legislation Amendment Bill 2005 `Schedule 2 Reviewable decisions and 1 aggrieved persons 2 section 247 and schedule 3, definitions aggrieved person and 3 reviewable decision 4 Reviewable decision Aggrieved person Directing a parent in relation to a The parent given the direction supervision matter stated in a child protection order (section 78) Deciding in whose care to place a The child's parents or the child child under a child protection order granting the chief executive custody or guardianship (section 86(2)) Not informing a child's parents of A parent given the notice or the child the person in whose care the child is and where the child is living (section 86(4)) Refusing to allow, restricting, or A person affected by the decision imposing conditions on, contact between a child and the child's parents or a member of the child's family (section 87(2)) Removing a child from the care of A carer entitled to apply to have a decision reviewed under section 91 the child's carer (section 89) or a child to whom a notice must be given stating the matters mentioned in section 90(4)(b) to (d) Refusing an application for, or to The applicant or licensee renew, a licence (section 129) Refusing application for, or to The applicant or certificate holder renew, a certificate of approval as an approved foster carer or an approved kinship carer (section 136) Refusing an application to amend an The authority holder authority other than a provisional certificate (section 137)

 


 

s 68 58 s 68 Child Safety Legislation Amendment Bill 2005 Reviewable decision Aggrieved person Amending an authority other than a The authority holder provisional certificate (section 138) Suspending or cancelling an The authority holder authority other than a provisional certificate (section 140) Arranging for an interstate welfare A person to whom notice of the decision must be given under authority to assume custody or section 245(6)'. guardianship of a child (section 245) Clause 68 Amendment of sch 3 (Dictionary) 1 (1) Schedule 3, definitions carer and recognised Aboriginal or 2 Torres Strait Islander agency-- 3 omit. 4 (2) Schedule 3-- 5 insert-- 6 `approved carer means-- 7 (a) an approved foster carer; or 8 (b) an approved kinship carer; or 9 (c) a provisionally approved carer. 10 approved kinship carer, for a child, means a person who 11 holds a certificate of approval as an approved kinship carer for 12 the child. 13 care agreement see section 51ZD. 14 carer, of a child, means the entity in whose care the child has 15 been placed under section 82. 16 foster carer certificate see section 131(a). 17 intervention see section 51ZA. 18 investigated person, for chapter 4, part 2, division 6, see 19 section 141H. 20 investigative information means information decided under 21 section 141H to be investigative information. 22

 


 

s 68 59 s 68 Child Safety Legislation Amendment Bill 2005 kin, in relation to a child, means-- 1 (a) any of the child's relatives who are persons of 2 significance to the child; and 3 (a) anyone else who is a person of significance to the child. 4 kinship carer certificate see section 131(b). 5 member, of a recognised entity, includes a person employed 6 or engaged by the entity. 7 personal history see section 141B. 8 police commissioner means the commissioner of the 9 Queensland Police Service. 10 police information, for chapter 4, part 2, division 7, see 11 section 142. 12 provisional certificate means a certificate of approval as a 13 provisionally approved carer. 14 provisionally approved carer, for a child, means a person who 15 holds a certificate of approval as a provisionally approved 16 carer for the child. 17 recognised entity-- 18 (a) in relation to Aboriginal or Torres Strait Islander 19 children generally, means an entity on the list kept under 20 section 246I; and 21 (b) for a particular Aboriginal or Torres Strait Islander 22 child, means an entity on the list kept under section 246I 23 that the chief executive is satisfied is an appropriate 24 entity to consult about the child's protection.'. 25 (3) Schedule 3, definition certificate of approval, `granted under 26 section 134'-- 27 omit, insert-- 28 `issued under chapter 4, part 2'. 29 (4) Schedule 3, definition suitable person-- 30 insert-- 31 `(g) for an approved foster carer--a person who is a suitable 32 person under a regulation; or 33

 


 

s 69 60 s 69 Child Safety Legislation Amendment Bill 2005 (h) for an approved kinship carer--a person who is a 1 suitable person under a regulation; or 2 (i) for a provisionally approved carer--a person who is a 3 suitable person under a regulation; or 4 (j) for associating on a daily basis with children or a 5 particular child--a person who is a suitable person 6 under a regulation.'. 7 Part 3 Consequential amendments 8 Clause 69 Consequential amendments 9 The schedule amends the Acts it mentions. 10

 


 

61 Child Safety Legislation Amendment Bill 2005 Schedule Consequential amendments 1 section 69 2 Child Care Act 2002 3 1 Section 5(1)(f), `foster'-- 4 omit. 5 Children Services Tribunal Act 2000 6 1 Section 30(3)(a), `foster carer, under'-- 7 omit, insert-- 8 `carer under'. 9 2 Section 30(3)(a), `foster carer under'-- 10 omit, insert-- 11 `carer under'. 12 Commission for Children and Young People and Child 13 Guardian Act 2000 14 1 Section 64(b), `foster'-- 15 omit. 16

 


 

62 Child Safety Legislation Amendment Bill 2005 Schedule (continued) 2 Section 64(c), `an agreement entered into by the chief 1 executive (child safety) and a parent of the child'-- 2 omit, insert-- 3 `a care agreement under the Child Protection Act 1999'. 4 3 Section 81(5)(d), `foster'-- 5 omit. 6 4 Section 140A(1), definition reviewable decision, 7 paragraph (c), from `who' to `departmental care service'-- 8 omit, insert-- 9 `placed in care under the Child Protection Act 1999, section 82,'. 10 5 Section 140A(1), definition reviewable decision, 11 paragraph (d)(iii), `or 140'-- 12 omit, insert-- 13 `, 138C, 140 or 140AA'. 14 6 Schedule 4-- 15 insert-- 16 `approved carer means an approved carer under the Child 17 Protection Act 1999.'. 18 7 Schedule 4, definition child accommodation service, 19 paragraph (a), `foster'-- 20 omit. 21

 


 

63 Child Safety Legislation Amendment Bill 2005 Schedule (continued) Coroners Act 2003 1 1 Section 9(1)(d), from `the care' to `other person'-- 2 omit, insert-- 3 `care'. 4 2 Section 9(1)(e)-- 5 omit. 6 3 Section 47(3), definition relevant Act, paragraph (a)(vii)-- 7 omit. 8 4 Part 6, after division 2-- 9 insert-- 10 `Division 3 Transitional provision for the Child 11 Safety Legislation Amendment Act 12 2005 13 `108 Death in care 14 `For section 9, a person's death is a death in care if, when the 15 person died, the person was a child-- 16 (a) about whom an authorised officer was investigating, or 17 had investigated, alleged harm or alleged risk of harm 18 under the Child Protection Act 1999, section 14; and 19 (b) who was residing with someone other than the person 20 with whom the child normally resided as a result of an 21 agreement, between a parent or guardian of the child 22 and the chief executive (child safety), entered into 23 before the commencement of the Child Safety 24 Legislation Amendment Act 2005, section 14.'. 25

 


 

64 Child Safety Legislation Amendment Bill 2005 Schedule (continued) 5 Schedule 2, definition child in a placement with the 1 consent of a parent or guardian-- 2 omit. 3 Juvenile Justice Act 1992 4 1 Section 293, heading, `foster'-- 5 omit. 6 2 Section 293(b), `foster'-- 7 omit. 8 3 Section 293(b)-- 9 renumber as section 293(c). 10 4 Section 293(a)-- 11 omit, insert-- 12 `(a) for a placement in the care of a licensee--a person 13 conducting the licensed care service; or 14 (b) for a placement in the care of an entity conducting a 15 departmental care service--a person conducting the 16 service; or'. 17

 


 

65 Child Safety Legislation Amendment Bill 2005 Schedule (continued) Police Powers and Responsibilities Act 2000 1 1 Section 316(11), definition parent, `foster'-- 2 omit. 3 2 Schedule 4, definition parent, `foster'-- 4 omit. 5 State of Queensland 2005

 


 

AMENDMENTS TO BILL

1 Child Safety Legislation Amendment Bill 2005 Child Safety Legislation Amendment Bill 2005 Amendments agreed to during Consideration 1 Clause 51 At page 47, lines 16 and 17-- omit, insert-- `(d) details of the change, including a brief description of the circumstances of a conviction or charge, or of investigative information, to which the change relates.'. 2 Clause 51 At page 47, after line 19-- insert-- ` `(4) A reference in this section to a person's police information changing includes, for a person for whom there is no police information, the person becoming the subject of police information.'.

 


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