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CHILD SAFETY LEGISLATION AMENDMENT BILL (NO. 2) 2004

          Queensland



Child Safety Legislation
Amendment Bill (No. 2) 2004

 


 

 

Queensland Child Safety Legislation Amendment Bill (No. 2) 2004 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Births, Deaths and Marriages Registration Act 2003 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 48A (Registrar to give notice of registration of child death to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 3 Amendment of Child Care Act 2002 5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Amendment of s 26 (Suitability of licensee and related persons) 9 7 Amendment of s 97 (Suitability of other persons in a home) . . . . 9 8 Insertion of new s 165A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 165A Pending application for a suitability notice--corporate licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Insertion of new s 166A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 166A Pending application for a suitability notice--licensed home based service . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 4 Amendment of Child Protection Act 1999 10 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Amendment of s 6 (Provisions about Aboriginal and Torres Strait Islander children) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Amendment of s 7 (Chief executive's functions). . . . . . . . . . . . . . 11 14 Amendment of s 22 (Protection from liability for notification of, or information given about, alleged harm or risk of harm) . . . . . . . . 12 15 Insertion of new ch 2, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

 


 

2 Child Safety Legislation Amendment Bill (No. 2) 2004 Part 3A Case planning Division 1 Preliminary 51A What is case planning . . . . . . . . . . . . . . . . . . . . . . . . 12 51B What is a case plan . . . . . . . . . . . . . . . . . . . . . . . . . . 13 51C Children for whom case plans are required . . . . . . . . 13 51D How case planning must be carried out . . . . . . . . . . . 14 51E Who is a child's family group . . . . . . . . . . . . . . . . . . . 15 51F Meaning of parent in pt 3A . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Family group meetings 51G Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 51H Convening a meeting . . . . . . . . . . . . . . . . . . . . . . . . . 16 51I Private convenors. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 51J Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 3 Case planning at a family group meeting 51K Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 51L Who should be involved . . . . . . . . . . . . . . . . . . . . . . . 17 51M Preparing for the meeting . . . . . . . . . . . . . . . . . . . . . . 19 51N Obtaining the views of persons not attending . . . . . . 19 51O Recording the case plan developed at the meeting . . 20 51P Development of plan at more than 1 meeting. . . . . . . 20 Division 4 Other steps in the case planning process 51Q Dealing with a case plan developed at a meeting . . . 20 51R Dealing with an inappropriate plan . . . . . . . . . . . . . . . 20 51S Preparing the plan if not developed at a meeting . . . . 21 51T Distributing and implementing the plan . . . . . . . . . . . 22 Division 5 Periodically reviewing the case plan 51U Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 51V Plan must be reviewed . . . . . . . . . . . . . . . . . . . . . . . . 23 51W Who may participate. . . . . . . . . . . . . . . . . . . . . . . . . . 23 51X Report about the review . . . . . . . . . . . . . . . . . . . . . . . 24 51Y Distributing and implementing the revised case plan . 25 16 Amendment of s 59 (Making of child protection order). . . . . . . . . 26 17 Amendment of s 68 (Court's other powers on adjournment of proceedings for child protection orders) . . . . . . . . . . . . . . . . . . . . 26 18 Insertion of new s 83A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 83A Giving information to carers and children. . . . . . . . . . 27 19 Amendment of s 84 (Agreements to provide care for children) . . 28

 


 

3 Child Safety Legislation Amendment Bill (No. 2) 2004 20 Omission of s 88 (Chief executive to regularly review arrangements for child's protection) . . . . . . . . . . . . . . . . . . . . . . . 29 21 Amendment of s 95 (Report about person's criminal history etc.) 29 22 Omission of s 96 (Family meetings) . . . . . . . . . . . . . . . . . . . . . . . 30 23 Omission of s 158 (Coordination). . . . . . . . . . . . . . . . . . . . . . . . . 30 24 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Chapter 5A Service Delivery Co-ordination and Information Exchange Part 1 Preliminary 159A Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 159B Principles for co-ordinating service delivery and exchanging information . . . . . . . . . . . . . . . . . . . . . . . 31 159C What is relevant information . . . . . . . . . . . . . . . . . . . . 32 159D Other definitions for ch 5A . . . . . . . . . . . . . . . . . . . . . 33 159E Reference to family services . . . . . . . . . . . . . . . . . . . 34 Part 2 Service delivery co-ordination 159F Service providers' responsibilities . . . . . . . . . . . . . . . 35 159G Chief executive's responsibilities . . . . . . . . . . . . . . . . 35 159H Chief executive may ask particular prescribed entities to provide a service . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 3 The SCAN system 159I Establishment of system . . . . . . . . . . . . . . . . . . . . . . 36 159J Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 159K Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 159L Responsibilities of the core members . . . . . . . . . . . . 37 Part 4 Information exchange 159M Particular prescribed entities giving and receiving relevant information . . . . . . . . . . . . . . . . . . . . . . . . . . 38 159N Information requirement made by chief executive or authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part 5 Release of health information or information relevant to coronial investigation 159O Release of information by health service employees . 40 159P Release of information for an investigation under the Coroners Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Part 6 Protection from liability and interaction with other laws 159Q Protection from liability for giving information . . . . . . . 42 159R Interaction with other laws . . . . . . . . . . . . . . . . . . . . . 43 25 Amendment of s 172 (Issue of warrant) . . . . . . . . . . . . . . . . . . . . 43

 


 

4 Child Safety Legislation Amendment Bill (No. 2) 2004 26 Amendment of s 182 (Evidentiary provisions) . . . . . . . . . . . . . . . 43 27 Replacement of s 187 (Confidentiality of information obtained by persons involved in administration of Act) . . . . . . . . . . . . . . . . . . 44 187 Confidentiality of information obtained by persons involved in administration of Act . . . . . . . . . . . . . . . . . 44 28 Amendment of s 188 (Confidentiality of information given by persons involved in administration of Act to other persons) . . . . . 46 29 Insertion of new s 188A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 188A Police use of confidential information . . . . . . . . . . . . . 46 30 Omission of ch 6 (Enforcement and legal proceedings), pt 6 (Confidentiality), div 4 (General). . . . . . . . . . . . . . . . . . . . . . . . . . 47 31 Amendment of s 197 (Protection from liability). . . . . . . . . . . . . . . 48 32 Amendment of s 214 (Court may transfer order) . . . . . . . . . . . . . 48 33 Insertion of new s 248B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 248B Consultation about investigations and prosecutions . 48 34 Amendment of s 249 (Regulation-making powers) . . . . . . . . . . . 49 35 Insertion of new ch 9, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Part 4 Transitional provision for Child Safety Legislation Amendment Act (No. 2) 2004 262 Transitional--case planning . . . . . . . . . . . . . . . . . . . . 49 36 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 49 Part 5 Amendment of Commission for Children and Young People and Child Guardian Act 2000 37 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 38 Amendment of s 7A (Scope of Act relating to children in the child safety system) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 39 Amendment of s 15 (Commissioner's functions) . . . . . . . . . . . . . 51 40 Insertion of new s 15AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 15AA Monitoring functions . . . . . . . . . . . . . . . . . . . . . . . . . . 52 41 Amendment of s 18 (Way in which commissioner is to perform commissioner's functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 42 Amendment of s 31B (Service providers to which this part applies) ..................................... 53 43 Amendment of s 31C (Power to require information or documents) ................................... 54 44 Amendment of s 31D (Access to documents of the child safety department) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 45 Insertion of new ss 31DA and DB . . . . . . . . . . . . . . . . . . . . . . . . 55 31DA Access to information and documents of a relevant service provider other than the child safety department ........................... 55

 


 

5 Child Safety Legislation Amendment Bill (No. 2) 2004 31DB Exempt information and documents . . . . . . . . . . . . . . 56 46 Insertion of new ss 31EA--31EC . . . . . . . . . . . . . . . . . . . . . . . . . 57 31EA Protection from liability for giving information . . . . . . . 57 31EB Restricted use of confidential information accessed under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 31EC Commissioner to advise on-disclosure. . . . . . . . . . . . 59 47 Amendment of s 31G (Review of service) . . . . . . . . . . . . . . . . . . 59 48 Amendment of s 31H (Recommendations) . . . . . . . . . . . . . . . . . 60 49 Amendment of s 31I (Report to Minister about noncompliance) . 60 50 Amendment of s 46 (Identity of notifier under Child Protection Act 1999) ..................................... 60 51 Amendment of s 89ZA (Annual report). . . . . . . . . . . . . . . . . . . . . 61 52 Amendment of s 145 (Evidentiary provisions) . . . . . . . . . . . . . . . 61 53 Amendment of s 152 (Confidentiality of information about criminal history) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 54 Amendment of s 153 (Confidentiality of other information) . . . . . 62 55 Amendment of s 161 (Protection from liability). . . . . . . . . . . . . . . 62 56 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 62 Part 6 Amendment of Coroners Act 2003 57 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 58 Amendment of s 53 (Access to investigation documents for research purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 59 Amendment of s 54 (Access to investigation documents for other purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 60 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 7 Amendment of Family Services Act 1987 61 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 62 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 30A Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 8 Amendment of Health Act 1937 63 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 64 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 65 65 Replacement of pt 3, div 6, hdg (Maltreatment of children) . . . . . 65 66 Replacement of s 76K (Notification of maltreatment). . . . . . . . . . 65 76K Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 76KA Meaning of parent for div 6. . . . . . . . . . . . . . . . . . . . . 66 76KB Relationship with Child Protection Act 1999. . . . . . . . 67 76KC Mandatory reporting--immediate notice . . . . . . . . . . 67

 


 

6 Child Safety Legislation Amendment Bill (No. 2) 2004 76KD Mandatory reporting--follow-up notice. . . . . . . . . . . . 68 76KE Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 76KF Further information may be required . . . . . . . . . . . . . 69 76KG Protection from liability for giving information to professional ......................... 69 76KH Confidentiality of notifiers . . . . . . . . . . . . . . . . . . . . . . 70 67 Amendment of s 76L (Temporary custody of children). . . . . . . . . 72 68 Omission of s 76M (Meaning of child for division) . . . . . . . . . . . . 73 Part 9 Amendment of Juvenile Justice Act 1992 69 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 70 Amendment of s 257 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . 73 71 Amendment of s 259 (Show cause hearing) . . . . . . . . . . . . . . . . 73 72 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 74

 


 

2004 A Bill for An Act to amend particular Acts to increase child safety, and for other purposes

 


 

s1 8 s4 Child Safety Legislation Amendment Bill (No. 2) 2004 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 (No. 2) 2004. 5 Clause 2 Commencement 6 (1) Parts 1, 2, 3, 7 and 9 commence on assent. 7 (2) The remaining provisions of this Act commence on a day to 8 be fixed by proclamation. 9 Part 2 Amendment of Births, Deaths 10 and Marriages Registration Act 11 2003 12 Clause 3 Act amended in pt 2 13 This part amends the Births, Deaths and Marriages 14 Registration Act 2003. 15 Clause 4 Amendment of s 48A (Registrar to give notice of 16 registration of child death to commissioner) 17 Section 48A(3)(b)(ii), before `place'-- 18 insert-- 19 `date and'. 20

 


 

s5 9 s8 Child Safety Legislation Amendment Bill (No. 2) 2004 Part 3 Amendment of Child Care Act 1 2002 2 Clause 5 Act amended in pt 3 3 This part amends the Child Care Act 2002. 4 Clause 6 Amendment of s 26 (Suitability of licensee and related 5 persons) 6 Section 26, before subsection (3)-- 7 insert-- 8 `(2A) Subsection (2) applies subject to section 165A.1'. 9 Clause 7 Amendment of s 97 (Suitability of other persons in a 10 home) 11 Section 97-- 12 insert-- 13 `(1A) Subsection (1) applies subject to section 166A.2'. 14 Clause 8 Insertion of new s 165A 15 After section 165-- 16 insert-- 17 `165A Pending application for a suitability notice--corporate 18 licensee 19 `(1) This section applies if-- 20 (a) a corporation holds a licence; and 21 (b) an individual who does not have a suitability notice 22 becomes an executive officer of the corporation or the 23 nominee for the licence; and 24 1 Section 165A (Pending application for a suitability notice--corporate licensee) 2 Section 166A (Pending application for a suitability notice--licensed home based service)

 


 

s9 10 s 10 Child Safety Legislation Amendment Bill (No. 2) 2004 (c) an application for a suitability notice is made for the 1 individual. 2 `(2) Section 26(2) does not apply to the individual until the 3 application is decided, or is withdrawn or lapses.'. 4 Clause 9 Insertion of new s 166A 5 After section 166-- 6 insert-- 7 `166A Pending application for a suitability notice--licensed 8 home based service 9 `(1) This section applies to a carer in a licensed home based 10 service if-- 11 (a) an occupant of the carer's home, who does not have a 12 suitability notice, becomes an adult; and 13 (b) an application for a suitability notice is made for the 14 occupant. 15 `(2) Until the application is decided, or is withdrawn or lapses, the 16 carer does not commit an offence against section 97(1)3 17 merely by providing child care in the carer's home, in the 18 course of the service, while the occupant does not have a 19 current positive suitability notice.'. 20 Part 4 Amendment of Child Protection 21 Act 1999 22 Clause 10 Act amended in pt 4 23 This part amends the Child Protection Act 1999. 24 3 Section 97 (Suitability of other persons in a home)

 


 

s 11 11 s 13 Child Safety Legislation Amendment Bill (No. 2) 2004 Clause 11 Insertion of new s 3A 1 Chapter 1, part 1, after section 3-- 2 insert-- 3 `3A Notes in text 4 `A note in the text of this Act is part of this Act.'. 5 Clause 12 Amendment of s 6 (Provisions about Aboriginal and 6 Torres Strait Islander children) 7 Section 6(4), `family meetings'-- 8 omit, insert-- 9 `family group meetings'. 10 Clause 13 Amendment of s 7 (Chief executive's functions) 11 (1) Section 7(l), after `children'-- 12 insert-- 13 `or provide services to children in need of protection or their 14 families'. 15 (2) Section 7(m), `licensed residential facilities'-- 16 omit, insert-- 17 `care'. 18 (3) Section 7-- 19 insert-- 20 `(2) In this section-- 21 child in care means a child-- 22 (a) who is in the chief executive's custody or guardianship; 23 or 24 (b) who, under an agreement entered into by the chief 25 executive and a parent of the child, has been placed in 26 the care of someone other than a parent of the child.'. 27

 


 

s 14 12 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 Clause 14 Amendment of s 22 (Protection from liability for 1 notification of, or information given about, alleged harm 2 or risk of harm) 3 (1) Section 22(2)-- 4 omit, insert-- 5 `(2) The person is not liable, civilly, criminally or under an 6 administrative process, for giving the notification or 7 information.'. 8 (2) Section 22-- 9 insert-- 10 `(4) Without limiting subsections (2) and (3)-- 11 (a) in a proceeding for defamation, the person has a defence 12 of absolute privilege for publishing the information; and 13 (b) if the person would otherwise be required to maintain 14 confidentiality about the information under an Act, oath 15 or rule of law or practice, the person-- 16 (i) does not contravene the Act, oath or rule of law or 17 practice by giving the information; and 18 (ii) is not liable to disciplinary action for giving the 19 information.'. 20 Clause 15 Insertion of new ch 2, pt 3A 21 Chapter 2, after part 3-- 22 insert-- 23 `Part 3A Case planning 24 `Division 1 Preliminary 25 `51A What is case planning 26 `Case planning is the process of developing a case plan for a 27 child and then regularly reviewing it. 28

 


 

s 15 13 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 `51B What is a case plan 1 `(1) A case plan for a child is a written plan for meeting the child's 2 protection and care needs. 3 `(2) A case plan may include any of the following matters-- 4 (a) a goal or goals to be achieved by implementing the plan; 5 (b) arrangements about where or with whom the child will 6 live, including interim arrangements; 7 (c) services to be provided to meet the child's protection 8 and care needs and promote the child's future wellbeing; 9 (d) matters for which the chief executive will be 10 responsible, including particular support or services; 11 (e) the child's contact with the child's family group or other 12 persons with whom the child is connected; 13 (f) arrangements for maintaining the child's ethnic and 14 cultural identity; 15 (g) matters for which a parent or carer will be responsible; 16 (h) a proposed review day for the plan. 17 `51C Children for whom case plans are required 18 `The chief executive must ensure a case plan is developed for 19 each child who the chief executive is satisfied-- 20 (a) is a child in need of protection; and 21 (b) needs ongoing help under this Act. 22 23 Notes-- 24 1 Ongoing help under this Act may be, for example-- 25 giving support services to the child and his or her family 26 arranging for the child to be placed in someone's care by 27 agreement with the child's parents 28 seeking a child protection order for the child. 29 2 A case plan may not be required for a particular child because 30 another entity is working to address the child's protection and care 31 needs and, as part of the work, is undertaking case planning with 32 the child and the child's family.

 


 

s 15 14 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 `51D How case planning must be carried out 1 `(1) The chief executive must ensure case planning for a child is 2 carried out in a way-- 3 (a) that enables timely decision-making; and 4 (b) that is consistent with the principles for administering 5 this Act;4 and 6 (c) that encourages and facilitates the participation of-- 7 (i) the child; and 8 (ii) the child's parents; and 9 (iii) other appropriate members of the child's family 10 group; and 11 (iv) for an Aboriginal or Torres Strait Islander 12 child--Aboriginal or Torres Strait Islander 13 agencies and persons; and 14 15 Note-- 16 Section 6(4) requires consultations, negotiations, family 17 group meetings and other proceedings involving an 18 Aboriginal person or Torres Strait Islander to be 19 conducted in a way and in a place that is appropriate to 20 Aboriginal tradition or Island custom. (v) other appropriate persons; and 21 (d) that facilitates input from other appropriate entities; and 22 23 Example of input from another entity-- 24 Information given by a local health agency about services 25 available to a family. (e) that gives priority to the child's needs for long-term 26 stable care and continuity of relationships; and 27 (f) that enables the persons involved to understand it. 28 29 Examples for paragraph (f)-- 30 1 The chief executive should explain the case planning 31 process to a child using language appropriate to the child's 32 age, language skills and circumstances. 4 See section 5 (Principles for administration of Act)

 


 

s 15 15 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 1 2 The chief executive should tell a child's parents about child 2 protection concerns, and explain steps in the case planning 3 process to them, in a way that helps them to understand, ask 4 questions and participate in any discussion. For a parent 5 from a non-English speaking background, this may involve 6 the use of an interpreter. `(2) The chief executive must give participants in case planning 7 the information they reasonably need to participate 8 effectively. 9 `(3) The information must be given to the participants in a timely 10 way to facilitate their effective participation. 11 `51E Who is a child's family group 12 For this part, a child's family group includes-- 13 (a) members of the child's extended family; and 14 (b) if the child belongs to a clan, tribe or similar 15 group--members of that group; and 16 (c) anyone else recognised by persons mentioned in 17 paragraph (a) or (b) as belonging to the child's family. 18 `51F Meaning of parent in pt 3A 19 In this part-- 20 parent, of a child, means each of the following persons-- 21 (a) the child's mother or father; 22 (b) a person in whose favour a residence order or contact 23 order for the child is in operation under the Family Law 24 Act 1975 (Cwlth); 25 (c) a person, other than the chief executive, having custody 26 or guardianship of the child under a law of the State or 27 another State; 28 (d) if the child is in a person's custody or guardianship 29 under this Act-- 30 (i) the child's mother or father; and 31

 


 

s 15 16 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 (ii) anyone else who would be the child's parent under 1 paragraph (b) or (c) if the child were not in the 2 person's custody or guardianship under this Act. 3 `Division 2 Family group meetings 4 `51G Purposes 5 `The purposes of family group meetings are-- 6 (a) to provide family-based responses to children's 7 protection and care needs; and 8 (b) to ensure an inclusive process for planning and making 9 decisions relating to children's wellbeing and protection 10 and care needs. 11 `51H Convening a meeting 12 `(1) The chief executive must convene a family group meeting, or 13 have a private convenor convene a family group meeting, to 14 develop a case plan for a child. 15 `(2) A family group meeting convened to develop a case plan is a 16 case planning meeting. 17 `(3) The chief executive may also convene a family group meeting 18 or have a private convenor convene a family group meeting-- 19 (a) to review a case plan under division 5 and prepare a 20 revised case plan; or 21 (b) to consider, make recommendations about, or otherwise 22 deal with, another matter relating to the child's 23 wellbeing and protection and care needs. 24 `(4) Also, under section 68, the Childrens Court may order that a 25 family group meeting be convened. 26 `51I Private convenors 27 `(1) A private convenor is a person, other than the chief executive 28 or a delegate or other representative of the chief executive, 29

 


 

s 15 17 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 who convenes a family group meeting under this part by 1 arrangement with the chief executive. 2 `(2) The chief executive may have a person convene a family 3 group meeting as a private convenor only if the chief 4 executive is satisfied the person is appropriately qualified. 5 `(3) If the chief executive has a private convenor convene a family 6 group meeting, the chief executive must ensure the private 7 convenor complies with this part in relation to the meeting. 8 `(4) For section 197(3),5 definition official, a private convenor is a 9 person acting under the direction of the chief executive. 10 `51J Function 11 `(1) The function of a family group meeting is to deal with the 12 matters, relating to a child's protection and care needs or 13 wellbeing, for which the meeting was convened. 14 `(2) For a case planning meeting, this includes-- 15 (a) considering the child's protection and care needs; and 16 (b) agreeing on a plan to meet those needs and promote the 17 child's wellbeing. 18 `Division 3 Case planning at a family group 19 meeting 20 `51K Application of div 3 21 `This division applies to a case planning meeting. 22 `51L Who should be involved 23 `(1) The convenor must give the following persons a reasonable 24 opportunity to attend and participate in the meeting-- 25 (a) the child, unless it would be inappropriate because of 26 the child's age or ability to understand; 27 5 Section 197 (Protection from liability)

 


 

s 15 18 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 (b) the child's parents; 1 (c) other members of the child's family group who the 2 convenor considers likely to make a useful contribution 3 to the plan's development at the meeting; 4 (d) other persons with whom the child has a significant 5 relationship; 6 7 Example-- 8 A foster carer may be someone with whom the child has a 9 significant relationship. (e) any legal representative of the child; 10 (f) if the child is an Aboriginal or Torres Strait Islander 11 child--a member of the recognised Aboriginal or Torres 12 Strait Islander agency for the child; 13 (g) anyone else who the convenor considers likely to make a 14 useful contribution to the plan's development at the 15 meeting; 16 (h) if the convenor is a private convenor--the chief 17 executive. 18 `(2) The convenor must also allow the child or a parent of the child 19 to have someone attend and participate in the meeting to give 20 help or support to the child or parent. 21 22 Examples-- 23 a youth worker 24 an Aboriginal or Torres Strait Islander elder 25 a representative within the child's cultural community 26 a legal representative `(3) To remove any doubt, it is declared that a requirement to allow 27 a person to attend or participate in the meeting under 28 subsection (1) or (2) applies whether or not the child's parents 29 agree to the person's attendance or participation. 30 `(4) The convenor is not required to allow a particular person to 31 attend or participate in the meeting under subsection (1)(b) to 32 (d) or (2) if the convenor is satisfied that person's attendance 33 or participation would be contrary to the purposes of the 34 meeting or not in the child's best interests. 35

 


 

s 15 19 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 `51M Preparing for the meeting 1 `(1) Before holding the meeting, the convenor must inform the 2 invitees-- 3 (a) that the chief executive considers the child is a child in 4 need of protection; and 5 (b) the assessed risks to the child and the child's assessed 6 needs; and 7 (c) details of the proposed meeting, including-- 8 (i) the proposed day, time and venue for the meeting; 9 and 10 (ii) the purpose and functions of the meeting; and 11 (iii) particular issues to be addressed at the meeting; 12 and 13 (iv) the opportunities for attendees to identify issues or 14 deal with particular issues. 15 `(2) In this section-- 16 invitee means a person mentioned in section 51L(1) other than 17 a person mentioned in section 51L(4). 18 `51N Obtaining the views of persons not attending 19 `The convenor must take reasonable steps to ascertain before 20 the meeting, and make known at the meeting, the views 21 relevant to the meeting of the following persons and entities-- 22 (a) the child, if the child's views may reasonably be 23 ascertained and the convenor does not expect the child 24 to be attending; 25 (b) another person mentioned in section 51L(1) who 26 notifies the convenor that he or she will not be attending; 27 (c) a member of the child's family group who, under 28 section 51L(4), has not been invited to the meeting but 29 whose views, in the convenor's opinion, should be 30 obtained; 31 (d) a relevant service provider. 32

 


 

s 15 20 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 1 Example of a relevant service provider-- 2 A member of the SCAN system involved in assessing and 3 responding to the child's protection needs. `51O Recording the case plan developed at the meeting 4 `If a case plan is developed at the meeting, the convenor must 5 record the plan in the approved form and, if the convenor is a 6 private convenor, give it to the chief executive. 7 `51P Development of plan at more than 1 meeting 8 `A case plan may be developed at more than 1 meeting under 9 this division. 10 `Division 4 Other steps in the case planning 11 process 12 `51Q Dealing with a case plan developed at a meeting 13 `Within 7 days after a case plan is developed at a case 14 planning meeting, the chief executive must endorse the plan 15 unless section 51R applies. 16 `51R Dealing with an inappropriate plan 17 `(1) This section applies if the chief executive is satisfied a case 18 plan developed at a case planning meeting, or something in 19 the plan, is clearly impracticable or not in the child's best 20 interests. 21 `(2) The chief executive may-- 22 (a) reconvene, or have a private convenor reconvene, the 23 case planning meeting under division 3 to develop an 24 amended case plan; or 25 (b) convene, or have a private convenor convene, another 26 case planning meeting under division 3 to develop an 27 amended case plan; or 28 (c) amend the case plan and endorse the amended plan. 29

 


 

s 15 21 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 `(3) The chief executive may amend the case plan under 1 subsection (2)(c)-- 2 (a) only to the extent necessary to ensure the plan is 3 practicable and in the child's best interests; and 4 (b) only within 7 days after the case planning meeting at 5 which it was developed; and 6 (c) if the meeting was convened by a private convenor, only 7 after consulting with the private convenor. 8 `(4) If the chief executive amends the case plan under 9 subsection (2)(c), the chief executive must give written notice 10 of the amendment, and the reasons for the amendment, to each 11 person who was at the meeting at which the plan was 12 developed. 13 `51S Preparing the plan if not developed at a meeting 14 `(1) This section applies if a case plan is not developed at the case 15 planning meeting or meetings held under division 3. 16 `(2) This section also applies if it has not been possible for the 17 chief executive to convene a family group meeting, or have a 18 private convenor convene a family group meeting, under 19 section 51H(1). 20 `(3) The chief executive must-- 21 (a) take reasonable steps to obtain the views of any of the 22 following persons and entities whose views have not yet 23 been obtained-- 24 (i) the child, if the child's views may reasonably be 25 ascertained; 26 (ii) another person mentioned in section 51L(1); 27 (iii) another member of the child's family group whose 28 views, in the chief executive's opinion, should be 29 obtained; 30 (iv) a relevant service provider; and 31 (b) having regard to the views (if any), prepare a case plan, 32 in the approved form, that the chief executive is satisfied 33

 


 

s 15 22 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 best meets the child's protection and care needs and 1 endorse the plan. 2 `(4) If the meeting mentioned in subsection (1) was convened 3 under a court order under section 68(1)(d)(i), the chief 4 executive must file the plan prepared under this section in the 5 court. 6 `51T Distributing and implementing the plan 7 `After a case plan has been recorded in the approved form and 8 endorsed, the chief executive must-- 9 (a) give a copy of the plan to the child, unless that would be 10 inappropriate having regard to the child's age and ability 11 to understand; and 12 (b) explain the plan to the child in a way, and to an extent, 13 that is reasonable, having regard to the child's age and 14 ability to understand; and 15 (c) give a copy of the plan to-- 16 (i) the child's parents; and 17 (ii) anyone else affected by the plan or who the chief 18 executive considers should receive a copy; and 19 20 Examples of persons who may be given a copy-- 21 a foster carer 22 an elder or other respected person of the child's 23 community (d) support the implementation of the plan. 24 25 Example of supporting the implementation of the plan-- 26 The chief executive may provide, or arrange for another entity to 27 provide, a service to the child's family. `Division 5 Periodically reviewing the case plan 28 `51U Application of div 5 29 `This division applies to a child for whom a case plan has 30 been developed, while-- 31

 


 

s 15 23 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 (a) a child protection order is in force for the child; or 1 (b) the child otherwise remains a child mentioned in 2 section 51C. 3 `51V Plan must be reviewed 4 `(1) The chief executive must regularly review the case plan. 5 `(2) In deciding when, or how often, to review the plan, the chief 6 executive must have regard to-- 7 (a) the child's age and circumstances; and 8 (b) the nature of the arrangements in place under the plan; 9 and 10 (c) any problems or potential problems with the plan, or 11 ways the plan might be improved, of which the chief 12 executive is aware; and 13 (d) if a child protection order for the child is in force--the 14 duration of the order. 15 `(3) In any case, the review must happen at least every 6 months. 16 `(4) After reviewing the plan, the chief executive must prepare-- 17 (a) a report about the review under section 51X; and 18 (b) a revised case plan. 19 `51W Who may participate 20 `(1) The chief executive must give the following persons a 21 reasonable opportunity to participate in the review and 22 preparation of the revised case plan-- 23 (a) the child, unless it would be inappropriate because of 24 the child's age or ability to understand; 25 (b) the child's parents; 26 (c) other members of the child's family group who the chief 27 executive considers are likely to make a useful 28 contribution; 29 (d) other persons with whom the child has a significant 30 relationship; 31

 


 

s 15 24 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 1 Example-- 2 A foster carer may be someone with whom the child has a 3 significant relationship. (e) any legal representative of the child; 4 (f) if the child is an Aboriginal or Torres Strait Islander 5 child--a member of the recognised Aboriginal or Torres 6 Strait Islander agency for the child; 7 (g) a relevant service provider; 8 (h) anyone else who the chief executive considers is likely 9 to make a useful contribution to the review. 10 `(2) To enable the participation, the chief executive may convene a 11 family group meeting or have a private convenor convene a 12 family group meeting. 13 `(3) If a family group meeting or other meeting is convened for the 14 purpose of the review and the child or a parent of the child 15 attends, the convenor must allow the child or parent to have 16 someone attend and participate in the meeting to give help or 17 support to the child or parent. 18 `(4) To remove any doubt, it is declared that a requirement to allow 19 a person to attend or participate in a meeting under this 20 section, or otherwise participate in the review, applies whether 21 or not the child's parents agree to the person's attendance or 22 participation. 23 `(5) The convenor of a meeting under this section is not required to 24 allow a particular person to attend or participate in the 25 meeting, under subsection (1)(b) to (d) or (3), if the convenor 26 is satisfied that person's attendance or participation would be 27 contrary to the purposes of the meeting or not in the child's 28 best interests. 29 `51X Report about the review 30 (1) The report about the review must include the following 31 matters-- 32 (a) the goals in the previous case plan that have been 33 achieved or are yet to be achieved; 34 (b) any changes to the goals in the revised case plan; 35

 


 

s 15 25 s 15 Child Safety Legislation Amendment Bill (No. 2) 2004 (c) any services provided to the child under the previous 1 case plan or the revised case plan; 2 (d) the extent to which the living arrangements and contact 3 arrangements under the previous case plan have been 4 meeting the child's needs; 5 (e) who participated in the review and how they 6 participated, including whether a family group meeting 7 was held and who attended. 8 (2) The report must also address how the revised case plan gives 9 priority to the child's need for long-term stable care. 10 (3) For subsection (2), if the child is placed in the care of 11 someone other than a parent of the child under a child 12 protection order granting custody or short-term guardianship 13 of the child, the report must state-- 14 (a) the risks and benefits of returning the child to the care of 15 a parent; and 16 (b) whether there is a real risk that the child's need for 17 long-term stable care will not be able to be met by 18 returning the child to the care of a parent within a 19 timeframe appropriate to the child's age and 20 circumstances; and 21 (c) if there is a real risk mentioned in paragraph (b), the 22 progress made in planning for alternative long-term 23 arrangements for the child, for example-- 24 (i) arrangements for the child to live with a member of 25 the child's family under a child protection order 26 granting long-term guardianship of the child; or 27 (ii) for a young child--arrangements for the child's 28 adoption under the Adoption of Children Act 1964; 29 or 30 (iii) for an older child--arrangements for the child's 31 transition to independent living. 32 `51Y Distributing and implementing the revised case plan 33 `(1) This section applies after the chief executive has prepared the 34 revised case plan. 35

 


 

s 16 26 s 17 Child Safety Legislation Amendment Bill (No. 2) 2004 `(2) The chief executive must-- 1 (a) give a copy of the plan to the child, unless that would be 2 inappropriate having regard to the child's age and ability 3 to understand; and 4 (b) explain any changes in the plan to the child in a way, and 5 to an extent, that is reasonable, having regard to the 6 child's age and ability to understand; and 7 (c) give a copy to the child's parents and anyone else 8 affected by the plan or who the chief executive considers 9 should receive a copy; and 10 (d) support the implementation of the plan.'. 11 Clause 16 Amendment of s 59 (Making of child protection order) 12 (1) Section 59(1)(b)-- 13 omit, insert-- 14 `(b) there is a case plan for the child-- 15 (i) that has been developed or revised under part 3A; 16 and 17 (ii) that is appropriate for meeting the child's assessed 18 protection and care needs; and'. 19 (2) Section 59(2) to (5)-- 20 renumber as section 59(3) to (6). 21 (3) Section 59-- 22 insert-- 23 `(2) The court must not make a child protection order unless a 24 copy of the child's case plan and, if it is a revised case plan, a 25 copy of the report about the last revision under section 51X 26 have been filed in the court.'. 27 Clause 17 Amendment of s 68 (Court's other powers on 28 adjournment of proceedings for child protection orders) 29 (1) Section 68(1)(b), after `examination'-- 30 insert-- 31

 


 

s 18 27 s 18 Child Safety Legislation Amendment Bill (No. 2) 2004 `or treatment'. 1 (2) Section 68(1)(d)-- 2 omit, insert-- 3 `(d) an order requiring the chief executive-- 4 (i) to convene a family group meeting to develop or 5 revise a case plan and file the plan in the court; or 6 (ii) to convene a family group meeting to consider, 7 make recommendations about, or otherwise deal 8 with, another matter relating to the child's 9 wellbeing and protection and care needs;'. 10 Clause 18 Insertion of new s 83A 11 After section 83-- 12 insert-- 13 `83A Giving information to carers and children 14 `(1) Before placing the child in care under section 82, the chief 15 executive must-- 16 (a) give to the proposed carer the information that the chief 17 executive has about the child that the proposed carer 18 reasonably needs to help him or her make an informed 19 decision whether to agree to the placement; and 20 (b) give the child information the chief executive has about 21 the proposed carer and members of the proposed carer's 22 household that the child reasonably needs to participate 23 meaningfully in the decision about who will be the 24 child's carer; and 25 (c) if possible, give the child an opportunity to meet the 26 proposed carer and members of the proposed carer's 27 household. 28 `(2) When placing the child in care, and while the child is in care, 29 the chief executive must give the carer information that the 30 chief executive has relating to the child that the carer 31 reasonably needs-- 32 (a) to provide care for the child under this Act; and 33

 


 

s 19 28 s 19 Child Safety Legislation Amendment Bill (No. 2) 2004 (b) to ensure the safety of the child, the carer and other 1 members of the carer's household. 2 `(3) If the child is placed in the care of a licensed care service-- 3 (a) a requirement under subsection (1) or (2) to give 4 information to the proposed carer or carer applies to the 5 licensee instead of the chief executive; and 6 (b) the chief executive must give the licensee the 7 information that the chief executive has about the child 8 that the licensee needs to comply with the requirement. 9 `(4) In deciding the information about the child to give to someone 10 under this section, the chief executive must have regard to-- 11 (a) the views and wishes of the child, having regard to the 12 child's age and ability to understand; and 13 (b) the proposed length of time of the placement; and 14 (c) the child's right to privacy under the charter of rights. 15 `(5) Before giving information about the child to someone under 16 this section, the chief executive must tell the child what 17 information is being given and why it is being given. 18 `(6) In this section-- 19 carer, in relation to a child, means-- 20 (a) if the child is placed in the care of a licensed care 21 service--the individual who directly provides care to 22 the child; or 23 (b) otherwise--the approved foster carer or other individual 24 in whose care the child is placed.'. 25 Clause 19 Amendment of s 84 (Agreements to provide care for 26 children) 27 Section 84, after subsection (1)-- 28 insert-- 29 30 `Note-- 31 Provisions of the agreement may be included in the child's case plan.'.

 


 

s 20 29 s 21 Child Safety Legislation Amendment Bill (No. 2) 2004 Clause 20 Omission of s 88 (Chief executive to regularly review 1 arrangements for child's protection) 2 Section 88-- 3 omit. 4 Clause 21 Amendment of s 95 (Report about person's criminal 5 history etc.) 6 (1) Section 95(1), `This section'-- 7 omit, insert-- 8 `Subsection (2)'. 9 (2) Section 95-- 10 insert-- 11 `(2A) Also, if an authorised officer is investigating an allegation of 12 harm or risk of harm to a child or assessing a child's need of 13 protection under section 14, the chief executive may-- 14 (a) ask the commissioner of the police service to give the 15 chief executive a written report about the criminal 16 history and domestic violence history of-- 17 (i) a parent of the child; or 18 (ii) an adult member of a parent's household; or 19 (iii) an adult against whom the allegation of harm or 20 risk of harm has been made; and 21 (b) ask the chief executive for transport to give the chief 22 executive a written report about the traffic history of a 23 parent of the child.'. 24 (3) Section 95(3), `the request'-- 25 omit, insert-- 26 `a request under subsection (2) or (3)'. 27 (4) Section 95(4), `Subsection (2)(a) applies'-- 28 omit, insert-- 29 `Subsections (2)(a) and (3)(a) apply'. 30 (5) Section 95(5), `Subsection (3)'-- 31

 


 

s 22 30 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 omit, insert-- 1 `Subsection (4)'. 2 (6) Section 95(6), `Subsection (7)'-- 3 omit, insert-- 4 `Subsection (8)'. 5 (7) Section 95(6), after `(2)'-- 6 insert-- 7 `or (3)'. 8 (8) Section 95(2A) to (7)-- 9 renumber as section 95(3) to (8). 10 Clause 22 Omission of s 96 (Family meetings) 11 Section 96-- 12 omit. 13 Clause 23 Omission of s 158 (Coordination) 14 Section 158-- 15 omit. 16 Clause 24 Insertion of new ch 5A 17 After chapter 5-- 18 insert-- 19

 


 

s 24 31 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 `Chapter 5A Service Delivery 1 Co-ordination and 2 Information Exchange 3 `Part 1 Preliminary 4 `159A Purpose 5 `The purpose of this chapter is to provide for service providers 6 to appropriately and effectively meet the protection and care 7 needs of children by-- 8 (a) co-ordinating the delivery of services to children and 9 families; and 10 (b) exchanging relevant information, while protecting the 11 confidentiality of the information. 12 `159B Principles for co-ordinating service delivery and 13 exchanging information 14 `The principles underlying this chapter are as follows-- 15 (a) the State is responsible for ensuring that children in 16 need of protection receive protection and care services 17 that ensure their safety and promote their wellbeing; 18 (b) the chief executive has the primary responsibility for 19 investigating, assessing and responding to allegations of 20 harm to children, including by making plans for their 21 protection and care; 22 (c) each service provider should contribute, within the 23 provider's own sphere of responsibility, to assessing and 24 meeting the protection and care needs of children and 25 supporting their families; 26 (d) children in need of protection and their families should 27 receive co-ordinated services that meet their needs in a 28 timely and effective way; 29

 


 

s 24 32 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 (e) service providers should work collaboratively and in a 1 way that respects the functions and expertise of other 2 service providers; 3 (f) because a child's welfare and best interests are 4 paramount,6 their protection and care needs take 5 precedence over the protection of an individual's 6 privacy. 7 `159C What is relevant information 8 `(1) In this chapter-- 9 relevant information means-- 10 (a) in relation to giving information to the chief executive or 11 an authorised officer--information that the holder of the 12 information reasonably believes may-- 13 (i) help an authorised officer to investigate an 14 allegation of harm or risk of harm to a child or 15 assess a child's need for protection; or 16 (ii) help the chief executive to take action under 17 section 14; or 18 (iii) help an authorised officer to investigate or assess, 19 before the birth of a child, the likelihood that the 20 child will need protection after he or she is born; or 21 (iv) help the chief executive in offering help and 22 support to a pregnant woman under section 21A; or 23 (v) help the chief executive to develop, or assess the 24 effectiveness of, a child's case plan; or 25 (vi) help the chief executive to assess or respond to the 26 health, educational or care needs of a child in need 27 of protection; or 28 (vii) otherwise help the chief executive to make plans or 29 decisions relating to, or provide services to, a child 30 in need of protection or the child's family; or 31 6 See section 5(1) (Principles for administration of Act).

 


 

s 24 33 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 (b) in relation to giving information to another service 1 provider--information that the holder of the information 2 reasonably believes may help the service provider to-- 3 (i) decide whether information about suspected harm 4 or risk of harm to a child should be given to the 5 chief executive; or 6 (ii) assess or respond to the health, educational or care 7 needs of a child in need of protection; or 8 (iii) otherwise make plans or decisions relating to, or 9 provide services to, a child in need of protection or 10 the child's family. 11 `(2) Relevant information may be information about a child in 12 need of protection, the child's family or someone else. 13 `(3) Relevant information may be comprised of facts or opinion. 14 `(4) Relevant information does not include information about a 15 person's criminal history to the extent it relates to a 16 conviction-- 17 (a) for which the rehabilitation period under the Criminal 18 Law (Rehabilitation of Offenders) Act 1986 has expired 19 under that Act; and 20 (b) that is not revived as prescribed by section 117 of that 21 Act. 22 `159D Other definitions for ch 5A 23 `In this chapter-- 24 prescribed entity means each of the following entities-- 25 (a) the chief executive; 26 (b) an authorised officer; 27 (c) a licensee; 28 (d) the chief executive of a department that is mainly 29 responsible for any of the following matters-- 30 7 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of convictions)

 


 

s 24 34 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 (i) adult corrective services; 1 (ii) community services; 2 (iii) disability services; 3 (iv) education; 4 (v) housing services; 5 (vi) public health; 6 (e) the commissioner of the Queensland Police Service; 7 (f) the principal of a school that is accredited, or 8 provisionally accredited, under the Education 9 (Accreditation of Non-State Schools) Act 2001; 10 (g) the person in charge of a student hostel; 11 (h) the chief executive of another entity, that provides a 12 service to children or families, prescribed under a 13 regulation. 14 service provider means-- 15 (a) a prescribed entity; or 16 (b) another person providing a service to children or 17 families. 18 student hostel means-- 19 (a) a student hostel conducted under the Education 20 (General Provisions) Act 1989, section 18(1)(b); or 21 (b) a hostel conducted with a grant, allowance or subsidy 22 provided under the Education (General Provisions) Act 23 1989, section 142. 24 `159E Reference to family services 25 `A reference in this part to providing a service to families 26 includes providing a service to pregnant women. 27

 


 

s 24 35 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 `Part 2 Service delivery co-ordination 1 `159F Service providers' responsibilities 2 `Service providers must take reasonable steps to co-ordinate 3 decision-making and the delivery of services to children and 4 families, in order to appropriately and effectively meet the 5 protection and care needs of children. 6 `159G Chief executive's responsibilities 7 `(1) The chief executive is responsible for-- 8 (a) ensuring ways exist to co-ordinate the roles and 9 responsibilities of service providers in promoting the 10 protection of children and child protection services; and 11 (b) establishing ways to co-ordinate the roles and 12 responsibilities of service providers relating to-- 13 (i) investigating and assessing particular cases of 14 harm to children; and 15 (ii) taking action to secure the protection of children 16 and promote their welfare. 17 `(2) One of the ways in which the chief executive is to fulfil the 18 responsibility under subsection (1)(b) is by establishing and 19 participating in the SCAN system under part 3. 20 `159H Chief executive may ask particular prescribed entities 21 to provide a service 22 `(1) This section applies only to the following prescribed 23 entities-- 24 (a) a licensee; 25 (b) the chief executive of a department that is mainly 26 responsible for any of the following matters-- 27 (i) adult corrective services; 28 (ii) community services; 29 (iii) disability services; 30

 


 

s 24 36 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 (iv) education; 1 (v) housing services; 2 (vi) public health; 3 (c) the commissioner of the Queensland Police Service. 4 `(2) The chief executive may ask a prescribed entity to provide a 5 service-- 6 (a) to a child in need of protection, or a member of the 7 child's family, to help meet the child's protection and 8 care needs and promote the child's wellbeing; or 9 (b) to an individual, before the birth of a child, to help meet 10 the child's protection and care needs and promote the 11 child's wellbeing after the child is born. 12 `(3) The prescribed entity must take reasonable steps to comply 13 with the request so far as the request-- 14 (a) is consistent with the entity's functions; and 15 (b) does not unreasonably affect the discharge of the 16 entity's functions in relation to other persons or matters. 17 `(4) The chief executive must give the prescribed entity the 18 information it needs to comply with the request. 19 `Part 3 The SCAN system 20 `159I Establishment of system 21 `The chief executive must establish a SCAN system under this 22 part. 23 24 Note-- 25 SCAN stands for `Suspected Child Abuse and Neglect'. `159J Purpose 26 `(1) The purpose of the SCAN system is to enable a co-ordinated 27 response to the protection needs of children. 28

 


 

s 24 37 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 `(2) The purpose is to be achieved by facilitating-- 1 (a) the sharing of relevant information between members of 2 the system; and 3 (b) the planning and co-ordinating of actions to assess and 4 respond to children's protection needs; and 5 (c) a holistic and culturally responsive assessment of 6 children's protection needs. 7 `159K Members 8 `The members of the SCAN system are-- 9 (a) the chief executives of the following entities (the core 10 members)-- 11 (a) the department; 12 (b) the department mainly responsible for public 13 health; 14 (c) the department mainly responsible for education; 15 (d) the Queensland Police Service; 16 (e) in relation to the protection needs of an Aboriginal 17 or Torres Strait Islander child--the recognised 18 Aboriginal or Torres Strait Islander agency for the 19 child; and 20 (b) from time to time, other service providers contributing 21 to the operation of the system by invitation of the core 22 members. 23 `159L Responsibilities of the core members 24 `The responsibilities of the core members are as follows-- 25 (a) to contribute to the operation of the SCAN system 26 through representatives who have appropriate 27 knowledge and experience in child protection; 28 (b) to use their best endeavours to agree on 29 recommendations to give to the chief executive about 30 assessing and responding to the protection needs of 31 particular children and, for that purpose, to-- 32

 


 

s 24 38 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 (i) share relevant information about the children, their 1 families and other relevant persons; and 2 (ii) identify relevant resources of members or other 3 entities; 4 (c) to take the action required under the recommendations; 5 (d) to monitor the implementation of the recommendations 6 and review their effectiveness; 7 (e) to invite and facilitate contributions from other service 8 providers with knowledge, experience or resources that 9 would help achieve the purpose of the SCAN system. 10 `Part 4 Information exchange 11 `159M Particular prescribed entities giving and receiving 12 relevant information 13 `(1) This section applies to the following prescribed entities-- 14 (a) the chief executive; 15 (b) an authorised officer; 16 (c) the chief executive of a department that is mainly 17 responsible for any of the following matters-- 18 (i) adult corrective services; 19 (ii) community services; 20 (iii) disability services; 21 (iv) education; 22 (v) housing services; 23 (vi) public health; 24 (d) the commissioner of the Queensland Police Service. 25 `(2) A prescribed entity mentioned in subsection (1) may give 26 relevant information to any other service provider. 27 `(3) A service provider may give relevant information to a 28 prescribed entity mentioned in subsection (1). 29

 


 

s 24 39 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 `159N Information requirement made by chief executive or 1 authorised officer 2 `(1) If the chief executive or an authorised officer asks a prescribed 3 entity for particular relevant information in the entity's 4 possession or control, the entity must comply with the request. 5 `(2) For subsection (1), information is not taken to be in the 6 prescribed entity's control merely because of an agreement 7 between the prescribed entity and another entity under which 8 the other entity must give the information to the prescribed 9 entity. 10 `(3) Subsection (1) does not apply to relevant information if the 11 prescribed entity reasonably considers that-- 12 (a) giving the information could reasonably be expected 13 to-- 14 (i) prejudice the investigation of a contravention or 15 possible contravention of a law in a particular case; 16 or 17 (ii) prejudice an investigation under the Coroners Act 18 2003; or 19 (iii) enable the existence or identity of a confidential 20 source of information, in relation to the 21 enforcement or administration of a law, to be 22 ascertained; or 23 (iv) endanger a person's life or physical safety; or 24 (v) prejudice the effectiveness of a lawful method or 25 procedure for preventing, detecting, investigating 26 or dealing with a contravention or possible 27 contravention of a law; and 28 (b) it would not be in the public interest to give the 29 information. 30 `(4) A person does not commit an offence merely by failing to 31 comply with subsection (1). 32

 


 

s 24 40 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 `Part 5 Release of health information 1 or information relevant to 2 coronial investigation 3 `159O Release of information by health service employees 4 `(1) A health service employee may, for this Act, give a relevant 5 person or the Childrens Court confidential information if-- 6 (a) for a relevant person or the Childrens Court--the 7 information is relevant to the protection or welfare of a 8 child; or 9 (b) for a relevant person who is the chief executive and 10 without limiting paragraph (a)--the information is 11 relevant to the chief executive's review, or the 12 preparation of a supplementary report, under 13 chapter 7A.8 14 `(2) Subsection (1)(a) includes the giving of information, before a 15 child is born, that is relevant to the protection or welfare of the 16 child after he or she is born. 17 `(3) This section does not limit a power or obligation under this 18 chapter to give relevant information. 19 `(4) In this section-- 20 confidential information means information mentioned in the 21 Health Services Act 1991, section 63(1). 22 health service employee means an officer, employee or agent 23 of the department in which the Health Services Act 1991 is 24 administered. 25 relevant person means-- 26 (a) the chief executive; or 27 (b) an authorised officer; or 28 (c) a police officer. 29 8 Chapter 7A (Child deaths)

 


 

s 24 41 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 `159P Release of information for an investigation under the 1 Coroners Act 2 `(1) This section applies if a coroner is investigating the death of a 3 child. 4 `(2) The chief executive may give to the coroner, or to a police 5 officer helping the coroner to investigate the death, 6 information about any of the following matters-- 7 (a) whether, before the death, the child or a sibling of the 8 child was a child in care; 9 (b) whether the chief executive became aware, before the 10 death happened, of alleged harm or alleged risk of harm 11 to the child or a sibling of the child and, if so-- 12 (i) the identity of a notifier; and 13 (ii) other information about how or when the chief 14 executive became aware; 15 (c) action taken by the chief executive, before the child's 16 death, relating to the child or a sibling of the child. 17 `(3) The coroner or police officer to whom the information is 18 given and anyone else to whom the information is 19 subsequently given under this subsection-- 20 (a) must not use or disclose the information other than-- 21 (i) for a purpose of the investigation; or 22 23 Example-- 24 The coroner orders a doctor to perform an autopsy as part 25 of the investigation of the child's death and, for that 26 purpose, gives the information to the doctor. The doctor 27 may include the information in the doctor's autopsy report 28 under the Coroners Act 2003, section 25. (ii) as otherwise required or permitted under this or 29 another Act; and 30 (b) if the information includes the identity of a notifier, 31 must not disclose the identity to anyone unless-- 32 (i) for a disclosure by the coroner--the coroner is 33 satisfied that disclosure of the identity is of critical 34 importance for the investigation; or 35

 


 

s 24 42 s 24 Child Safety Legislation Amendment Bill (No. 2) 2004 (ii) for disclosure by anyone else--the coroner 1 approves the disclosure on the basis mentioned in 2 subparagraph (i). 3 `(4) In this section-- 4 child in care means a child mentioned in the Coroners Act 5 2003, section 9(1)(d) or (e).9 6 notifier means a notifier under section 186 or the Health Act 7 1937, section 76KH. 8 sibling includes a half-sibling and a stepsibling. 9 `Part 6 Protection from liability and 10 interaction with other laws 11 `159Q Protection from liability for giving information 12 `(1) This section applies if a person, acting honestly, gives 13 information in compliance with this chapter. 14 `(2) The person is not liable, civilly, criminally or under an 15 administrative process, for giving the information. 16 `(3) Also, merely because the person gives the information, the 17 person can not be held to have-- 18 (a) breached any code of professional etiquette or ethics; or 19 (b) departed from accepted standards of professional 20 conduct. 21 `(4) Without limiting subsections (2) and (3)-- 22 (a) in a proceeding for defamation, the person has a defence 23 of absolute privilege for publishing the information; and 24 9 Coroners Act 2003, section 9(1)(d) and (e)-- (d) the person was a child placed in the care of a licensed care service, approved foster carer, or other person under the Child Protection Act 1999, section 82; or (e) the person was a child in a placement with the consent of a parent or guardian.

 


 

s 25 43 s 26 Child Safety Legislation Amendment Bill (No. 2) 2004 (b) if the person would otherwise be required to maintain 1 confidentiality about the information under an Act, oath 2 or rule of law or practice, the person-- 3 (i) does not contravene the Act, oath or rule of law or 4 practice by giving the information; and 5 (ii) is not liable to disciplinary action for giving the 6 information. 7 `159R Interaction with other laws 8 `(1) This chapter does not limit a power or obligation under 9 another Act or law to give relevant information. 10 `(2) This part applies to information despite any other law that 11 would otherwise prohibit or restrict the giving of the 12 information. 13 14 Examples of other laws-- 15 Education (General Provisions) Act 1989, section 25 16 Health Services Act 1991, section 63 17 Police Service Administration Act 1990, section 10.1'. Clause 25 Amendment of s 172 (Issue of warrant) 18 Section 172(1)-- 19 insert-- 20 `(c) the child has been lawfully removed from a person's 21 custody or guardianship under this Act but kept beyond 22 the period allowed for the removal.'. 23 Clause 26 Amendment of s 182 (Evidentiary provisions) 24 Section 182(4)(g), `family meeting'-- 25 omit, insert-- 26 `family group meeting'. 27

 


 

s 27 44 s 27 Child Safety Legislation Amendment Bill (No. 2) 2004 Clause 27 Replacement of s 187 (Confidentiality of information 1 obtained by persons involved in administration of Act) 2 Section 187-- 3 omit, insert-- 4 `187 Confidentiality of information obtained by persons 5 involved in administration of Act 6 `(1) This section applies to a person who-- 7 (a) is or has been-- 8 (i) a public service employee, a person engaged by the 9 chief executive, or a police officer, performing 10 functions under or in relation to the administration 11 of this Act; or 12 (ii) a licensee or the executive officer of a corporation 13 that is a licensee; or 14 (iii) a person employed or engaged by a licensee to 15 perform functions under or in relation to the 16 administration of this Act; or 17 (iv) an approved foster carer or other carer in whose 18 care a child has been placed under this Act; or 19 (v) a member of, or person employed or engaged by, a 20 recognised Aboriginal or Torres Strait Islander 21 agency; or 22 (vi) a person attending a case planning meeting or 23 participating in another way in the development of 24 a child's case plan; or 25 (vii) a person participating in the revision of a child's 26 case plan; or 27 (viii) a member of the SCAN system, or a representative 28 of a member, performing functions under or in 29 relation to chapter 5A, part 3; or 30 (ix) a prescribed entity, or person engaged by a 31 prescribed entity, performing functions under or in 32 relation to chapter 5A, part 4; and 33 (b) in that capacity acquired information about another 34 person's affairs or has access to, or custody of, a 35 document about another person's affairs. 36

 


 

s 27 45 s 27 Child Safety Legislation Amendment Bill (No. 2) 2004 `(2) The person must not use or disclose the information, or give 1 access to the document, to anyone else. 2 Maximum penalty--100 penalty units or 2 years 3 imprisonment. 4 `(3) However, the person may, subject to section 186, use or 5 disclose the information or give access to the document to 6 someone else-- 7 (a) to the extent necessary to perform the person's functions 8 under or in relation to this Act; or 9 (b) if the use, disclosure or giving of access is for purposes 10 directly related to a child's protection or welfare; or 11 12 Example-- 13 An approved foster carer in whose care a child has been placed 14 under this Act may disclose relevant information about the child 15 to a person, including, for example, a school teacher or member 16 of the carer's immediate family, to help the person understand 17 and meet the child's needs. (c) if the use, disclosure or giving of access-- 18 (i) relates to the chief executive's function of 19 cooperating with government entities that have a 20 function relating to the protection of children or 21 that provide services to children in need of 22 protection or their families; or 23 (ii) is otherwise required or permitted by law. 24 `(4) Also, a person may disclose the information or give access to 25 the document to another person to the extent that the 26 information or document is about the other person. 27 `(5) Also, a police officer may use or disclose the information or 28 give access to the document to someone else under 29 section 188A. 30 `(6) To remove any doubt, it is declared that a person participating 31 in the development, implementation or revision of a child's 32 case plan under this Act is performing a function under this 33 Act.'. 34

 


 

s 28 46 s 29 Child Safety Legislation Amendment Bill (No. 2) 2004 Clause 28 Amendment of s 188 (Confidentiality of information given 1 by persons involved in administration of Act to other 2 persons) 3 (1) Section 188(1), before `police'-- 4 insert-- 5 `another prescribed entity, a'. 6 (2) Section 188(1), `duties'-- 7 omit, insert-- 8 `functions'. 9 (3) Section 188(2) and (3), `disclose'-- 10 omit, insert-- 11 `use or disclose'. 12 (4) Section 188(3)(a) and (b), `disclosure'-- 13 omit, insert-- 14 `use, disclosure or giving of access'. 15 (5) Section 188(3)(c), `disclosure'-- 16 omit, insert-- 17 `use, disclosure'. 18 Clause 29 Insertion of new s 188A 19 After section 188-- 20 insert-- 21 `188A Police use of confidential information 22 `(1) This section applies if a police officer acquires information as 23 provided for in section 187(1). 24 `(2) The officer, and any other police officer to whom the 25 information is disclosed under this section, may use the 26 information to the extent necessary to perform his or her 27 functions as a police officer. 28 `(3) A police officer must not use the information under this 29 section for an investigation or for a proceeding for an offence 30

 


 

s 30 47 s 30 Child Safety Legislation Amendment Bill (No. 2) 2004 unless the officer, or another police officer, has consulted with 1 the following entities about the proposed use-- 2 (a) the chief executive; 3 (b) if the information was acquired under chapter 5A, 4 part 3, from a member of the SCAN system--the 5 member; 6 (c) if the information was acquired from a prescribed entity 7 under chapter 5A, part 4--the prescribed entity. 8 `(4) The purpose of a consultation under subsection (3) is to 9 consider whether the proposed use of the information for the 10 investigation or proceeding would be in the best interests of 11 any child. 12 `(5) Subsection (3) does not apply-- 13 (a) if the information concerns an offence committed 14 against a child; or 15 (b) to the extent that the police officer needs to use the 16 information immediately to perform the officer's 17 functions as a police officer. 18 `(6) This section applies subject to section 186. 19 `(7) In this section-- 20 information includes a document. 21 use-- 22 (a) in relation to information, includes disclose; and 23 (b) in relation to a document, includes give access to. 24 25 Note-- 26 Section 248B also requires a police officer to consult with the chief 27 executive about particular investigations and proceedings.'. Clause 30 Omission of ch 6 (Enforcement and legal proceedings), 28 pt 6 (Confidentiality), div 4 (General) 29 Chapter 6, part 6, division 4-- 30 omit. 31

 


 

s 31 48 s 33 Child Safety Legislation Amendment Bill (No. 2) 2004 Clause 31 Amendment of s 197 (Protection from liability) 1 Section 197(3), definition official-- 2 insert-- 3 `(d) a member of the SCAN system or a representative of a 4 member.'. 5 Clause 32 Amendment of s 214 (Court may transfer order) 6 (1) Section 214-- 7 insert-- 8 `(ba) an appropriate case plan has been prepared under 9 chapter 2, part 3A; and'. 10 (2) Section 214(c), `family meeting'-- 11 omit, insert-- 12 `family group meeting'. 13 Clause 33 Insertion of new s 248B 14 After section 248A-- 15 insert-- 16 `248B Consultation about investigations and prosecutions 17 `(1) This section applies to an offence committed against a child 18 who a police officer knows or suspects is a child in need of 19 protection. 20 `(2) When investigating the offence, the officer must consult with 21 the chief executive for the purpose of planning the most 22 appropriate way of conducting the investigation. 23 `(3) Before starting a proceeding for the offence, the officer must 24 consult with the chief executive for the purpose of considering 25 whether the proceeding would be in the best interests of the 26 child. 27 `(4) Subsections (2) and (3) do not apply to the officer-- 28 (a) to the extent that the consultation would be 29 impracticable in all the circumstances, including any 30 need to take urgent action; or 31

 


 

s 34 49 s 36 Child Safety Legislation Amendment Bill (No. 2) 2004 (b) if the officer is aware the consultation has already been 1 carried out by another police officer.'. 2 Clause 34 Amendment of s 249 (Regulation-making powers) 3 (1) Section 249(2)(d), `family meetings'-- 4 omit, insert-- 5 `family group meetings'. 6 (2) Section 249(2)-- 7 insert-- 8 `(e) the SCAN system.'. 9 Clause 35 Insertion of new ch 9, pt 4 10 Chapter 9, after part 3-- 11 insert-- 12 `Part 4 Transitional provision for Child 13 Safety Legislation Amendment 14 Act (No. 2) 2004 15 `262 Transitional--case planning 16 `(1) If, on the commencement day, a child is a child mentioned in 17 section 51C and has a case plan that was prepared before the 18 commencement day, the plan is taken to have been developed 19 under chapter 2, part 3A. 20 `(2) A family meeting held under the Act before the 21 commencement day is taken to be a family group meeting. 22 `(3) In this section-- 23 commencement day means the day chapter 2, part 3A, 24 commences.'. 25 Clause 36 Amendment of sch 3 (Dictionary) 26 (1) Schedule 3, definitions family meeting and government 27 entity-- 28 omit. 29

 


 

s 36 50 s 36 Child Safety Legislation Amendment Bill (No. 2) 2004 (2) Schedule 3-- 1 insert-- 2 `case plan see section 51B. 3 case planning see section 51A. 4 case planning meeting see section 51H(2). 5 charter of rights means the charter of rights for a child in care 6 in schedule 1. 7 contact arrangements, for a child, means arrangements for 8 the child's contact with members of the child's family group 9 or other persons with whom the child is connected. 10 endorse, a case plan, means record an endorsement on the 11 plan. 12 family group, for chapter 2, part 3A, see section 51E. 13 family group meeting means a family group meeting under 14 chapter 2, part 3A. 15 government entity means a government entity under the 16 Public Service Act 1996, section 21, and includes the 17 Queensland Police Service to the extent it is not a government 18 entity under that section. 19 living arrangements, for a child, means arrangements about 20 where or with whom the child will live. 21 prescribed entity, for chapter 5A, see section 159D. 22 private convenor see section 51I(1). 23 relevant information, for chapter 5A, see section 159C. 24 revised case plan means a case plan prepared under chapter 2, 25 part 3A, division 5. 26 SCAN stands for `Suspected Child Abuse and Neglect'. 27 service provider see section 159D. 28 student hostel, for chapter 5A, see section 159D.'. 29 (3) Schedule 3, definition parent-- 30 insert-- 31 `(ba) chapter 2, part 3A, see section 51F;'. 32

 


 

s 37 51 s 39 Child Safety Legislation Amendment Bill (No. 2) 2004 Part 5 Amendment of Commission for 1 Children and Young People and 2 Child Guardian Act 2000 3 Clause 37 Act amended in pt 5 4 This part amends the Commission for Children and Young 5 People and Child Guardian Act 2000. 6 Clause 38 Amendment of s 7A (Scope of Act relating to children in 7 the child safety system) 8 Section 7A, example 1-- 9 omit, insert-- 10 `1 Under section 15AA(1)(b), the commissioner may review the child 11 12 safety department's handling of a case of a particular child in the 13 child safety system even though the child is no longer in the child 14 safety system at the time of the review.'. Clause 39 Amendment of s 15 (Commissioner's functions) 15 (1) Section 15(1)(c), including the note-- 16 omit, insert-- 17 `(c) the commissioner's monitoring functions under 18 section 15AA;'. 19 (2) Section 15(1)(f)-- 20 omit. 21 (3) Section 15(2)(b)-- 22 renumber as section 15(2)(c). 23 (4) Section 15(2)(a)-- 24 omit, insert-- 25 `(a) the monitoring functions under section 15AA; and 26 (b) the functions under subsection (1)(d) and (e); and'. 27 (5) Section 15(3)-- 28 omit. 29

 


 

s 40 52 s 40 Child Safety Legislation Amendment Bill (No. 2) 2004 Clause 40 Insertion of new s 15AA 1 After section 15-- 2 insert-- 3 `15AA Monitoring functions 4 `(1) The commissioner has the following functions (the 5 monitoring functions)-- 6 (a) to monitor, audit and review the systems, policies and 7 practices of the child safety department and other 8 service providers that affect children in the child safety 9 system; 10 (b) to monitor, audit and review the handling of individual 11 cases of children in the child safety system by the child 12 safety department and licensees under the Child 13 Protection Act 1999; 14 (c) to monitor compliance by the chief executive (child 15 safety) with the Child Protection Act 1999, section 83.10 16 17 Note-- 18 Part 2A includes powers of the commissioner that may be exercised to 19 perform the monitoring functions, but only in relation to the service 20 providers specified in section 31B. `(2) To perform the monitoring functions, the commissioner may 21 need to access, under part 2A, information or documents 22 relating to individual cases. 23 `(3) The systems, policies and practices mentioned in 24 subsection (1)(a) include systems, policies and practices for 25 case handling. 26 `(4) However, to remove any doubt, it is declared that the 27 monitoring functions under subsection (1)(a) do not include 28 reviewing a decision taken in an individual case. 29 `(5) Also, subsection (1)(a) does not apply to-- 30 (a) the systems, policies and practices of the Director of 31 Public Prosecutions or the police service that directly 32 10 Child Protection Act 1999, section 83 (Additional provisions for placing Aboriginal and Torres Strait Islander children in care)

 


 

s 41 53 s 42 Child Safety Legislation Amendment Bill (No. 2) 2004 relate to decisions about whether or not to institute, or 1 continue with, a proceeding for an offence; or 2 (b) the systems, policies and practices of the police service 3 that directly relate to decisions about whether or not to 4 apply for a protection order under the Domestic and 5 Family Violence Protection Act 1989; or 6 (c) the systems, policies and practices of Legal Aid 7 Queensland that directly relate to the content of legal 8 advice given by Legal Aid lawyers.'. 9 Clause 41 Amendment of s 18 (Way in which commissioner is to 10 perform commissioner's functions) 11 Section 18(2)-- 12 insert-- 13 `(e) have sufficient regard to the sensitive nature of personal 14 information, and access it only to the extent necessary to 15 perform the functions.'. 16 Clause 42 Amendment of s 31B (Service providers to which this 17 part applies) 18 Section 31B-- 19 insert-- 20 `(c) a department that is mainly responsible for any of the 21 following matters-- 22 (i) Aboriginal and Torres Strait Islander policy; 23 (ii) administration of justice; 24 (iii) adult corrective services; 25 (iv) community services; 26 (v) disability services; 27 (vi) education; 28 (vii) housing services; 29 (viii) public health; 30 (d) the Director of Public Prosecutions; 31

 


 

s 43 54 s 44 Child Safety Legislation Amendment Bill (No. 2) 2004 (e) Legal Aid Queensland; 1 (f) the Public Trust Office; 2 (g) the police service.'. 3 Clause 43 Amendment of s 31C (Power to require information or 4 documents) 5 (1) Section 31C(4) to (6)-- 6 omit. 7 (2) Section 31C-- 8 insert-- 9 `(4) For subsection (1)(b)-- 10 (a) a document is taken to be in the service provider's 11 control if, under an agreement between the service 12 provider and another entity, the other entity must give 13 the document to the service provider for the purpose of 14 the commissioner performing the commissioner's 15 monitoring functions; but 16 (b) otherwise, a document is not taken to be in the service 17 provider's control merely because of an agreement 18 between the service provider and another entity under 19 which the other entity must give the document to the 20 service provider.'. 21 Clause 44 Amendment of s 31D (Access to documents of the child 22 safety department) 23 (1) Section 31D, heading, before `documents'-- 24 insert-- 25 `information and'. 26 (2) Section 31D(2), `under section 31C(4)'-- 27 omit. 28 (3) Section 31D(2)-- 29 renumber as section 31D(3). 30 (4) Section 31D-- 31

 


 

s 45 55 s 45 Child Safety Legislation Amendment Bill (No. 2) 2004 insert-- 1 `(2) The notice must state the way in which the information or 2 documents must be given. 3 4 Examples of stated ways-- 5 1 sending the commissioner an electronic copy of a document 6 2 allowing the commissioner to enter the department's premises and 7 access information or documents'. (5) Section 31D-- 8 insert-- 9 `(4) The department must comply with the notice.'. 10 Clause 45 Insertion of new ss 31DA and DB 11 After section 31D-- 12 insert-- 13 `31DA Access to information and documents of a relevant 14 service provider other than the child safety 15 department 16 `(1) This section applies to a notice under section 31C given to a 17 relevant service provider other than the child safety 18 department. 19 `(2) The notice must state the way in which the commissioner 20 seeks to have the information or documents given. 21 22 Examples of stated ways-- 23 1 sending the commissioner an electronic copy of a document 24 2 allowing the commissioner to enter the service provider's premises 25 and access information or documents `(3) The service provider is not required to give the information or 26 documents in the stated way. 27 `(4) For a requirement to give a document, the service provider 28 may comply with the requirement by giving the information 29 contained in the document. 30 `(5) The service provider is not required to give information or a 31 document to which section 31DB applies. 32 `(6) Otherwise, the service provider must comply with the notice. 33

 


 

s 45 56 s 45 Child Safety Legislation Amendment Bill (No. 2) 2004 1 Example-- 2 The commissioner gives a notice to a licensee seeking particular 3 documents by allowing the commissioner entry to the licensee's 4 premises. The licensee does not have to allow the entry. But if the 5 licensee does not allow the entry, the licensee must comply with the 6 requirement, by the stated time, by giving the information contained in 7 the documents or giving the documents in another way. `(7) The notice must state the matters mentioned in subsections (3) 8 to (5). 9 `31DB Exempt information and documents 10 `(1) This section applies to a relevant service provider other than 11 the child safety department. 12 `(2) In response to a notice under section 31C, the service provider 13 is not required to give the commissioner information or a 14 document that is exempt under this section. 15 `(3) Information or a document is exempt if giving it could 16 reasonably be expected to-- 17 (a) prejudice the investigation of a contravention or possible 18 contravention of the law in a particular case; or 19 (b) prejudice an investigation under the Coroners Act 2003; 20 or 21 (c) enable the existence or identity of a confidential source 22 of information, in relation to the enforcement or 23 administration of the law, to be ascertained; or 24 (d) endanger a person's life or physical safety; or 25 (e) prejudice the effectiveness of a lawful method or 26 procedure for preventing, detecting, investigating or 27 dealing with a contravention or possible contravention 28 of the law. 29 `(4) Subsection (3) does not apply if giving the information or 30 document would, on balance, be in the public interest. 31 `(5) Also, information or a document is exempt if-- 32 (a) it relates to a review of a matter, being conducted within 33 the entity that is the relevant service provider, that has 34 not been completed; and 35

 


 

s 46 57 s 46 Child Safety Legislation Amendment Bill (No. 2) 2004 (b) giving the information or document is likely to prejudice 1 or interfere with the review. 2 `(6) For subsection (5)(a), a review is taken not to be completed 3 until the end of any period allowed for an appeal from the 4 review and the end of any appeal. 5 `(7) Also, for Legal Aid Queensland, information or a document is 6 exempt to the extent it contains communications mentioned in 7 the Legal Aid Queensland Act 1997, section 75.11 8 `(8) In this section-- 9 review includes investigation.'. 10 Clause 46 Insertion of new ss 31EA--31EC 11 After section 31E-- 12 insert-- 13 `31EA Protection from liability for giving information 14 `(1) This section applies to the giving of information to the 15 commissioner, by a relevant service provider, for the purpose 16 of the commissioner performing the commissioner's 17 monitoring functions. 18 `(2) A person may give the information despite any other law that 19 would otherwise prohibit or restrict the giving of the 20 information. 21 22 Examples of other laws-- 23 Education (General Provisions) Act 1989, section 25 24 Health Services Act 1991, section 63 25 Police Service Administration Act 1990, section 10.1 `(3) If a person, acting honestly, gives the information to the 26 commissioner, the person is not liable, civilly, criminally or 27 under an administrative process, for giving the information. 28 `(4) Also, merely because the person gives the information, the 29 person can not be held to have-- 30 11 Legal Aid Queensland Act 1997, section 75 (Application of legal professional privilege to Legal Aid and Legal Aid lawyers)

 


 

s 46 58 s 46 Child Safety Legislation Amendment Bill (No. 2) 2004 (a) breached any code of professional etiquette or ethics; or 1 (b) departed from accepted standards of professional 2 conduct. 3 `(5) Without limiting subsections (3) and (4)-- 4 (a) in a proceeding for defamation, the person has a defence 5 of absolute privilege for publishing the information; and 6 (b) if the person would otherwise be required to maintain 7 confidentiality about the information under an Act, oath 8 or rule of law or practice, the person-- 9 (i) does not contravene the Act, oath or rule of law or 10 practice by giving the information; and 11 (ii) is not liable to disciplinary action for giving the 12 information. 13 `(6) This section does not apply to a person giving information in 14 contravention of the Legal Aid Queensland Act 1997, 15 section 75.12 16 `(7) In this section-- 17 information includes a document. 18 `31EB Restricted use of confidential information accessed 19 under this part 20 `(1) This section applies to information, given to the commissioner 21 for the purpose of the commissioner performing the 22 commissioner's monitoring functions, to the extent the 23 information comprises confidential information. 24 `(2) The commissioner may only use or disclose the information-- 25 (a) to perform the commissioner's monitoring functions; or 26 (b) to refer a matter under section 20; or 27 (c) to undertake an investigation under part 3; or 28 (d) if authorised under another Act or required by law; or 29 12 Legal Aid Queensland Act 1997, section 75 (Application of legal professional privilege to Legal Aid and Legal Aid lawyers)

 


 

s 47 59 s 47 Child Safety Legislation Amendment Bill (No. 2) 2004 (e) with the written consent of the person to whom the 1 information relates or, if the person is a child unable to 2 consent, with the written consent of a parent or guardian 3 of the child. 4 `(3) In this section-- 5 information includes a document. 6 `31EC Commissioner to advise on-disclosure 7 `(1) This section applies to information or a document that the 8 commissioner has obtained from a relevant service provider 9 for the purpose of performing the commissioner's monitoring 10 functions. 11 `(2) The commissioner must advise the service provider before 12 giving the information or document to another entity, unless 13 the commissioner considers that doing so would not be in the 14 best interests of a child to whom the information or document 15 relates.'. 16 Clause 47 Amendment of s 31G (Review of service) 17 (1) Section 31G(1)(a)(i) and (ii)-- 18 omit, insert-- 19 `(i) a relevant service provider's systems, policies or 20 practices affecting children in the child safety 21 system; or 22 (ii) the handling of individual cases of children in the 23 child safety system by the child safety department 24 or a licensee; and'. 25 (2) Section 31G(2)(a)-- 26 omit, insert-- 27 `(a) undertake a review of-- 28 (i) if subsection (1)(a)(i) applies--the systems, 29 policies or practices; or 30 (ii) if subsection (1)(a)(ii) applies--the handling of the 31 individual cases; and'. 32

 


 

s 48 60 s 50 Child Safety Legislation Amendment Bill (No. 2) 2004 Clause 48 Amendment of s 31H (Recommendations) 1 Section 31H-- 2 insert-- 3 `(2) Before making the recommendations, the commissioner must 4 give the service provider a written copy of the proposed 5 recommendations and a reasonable opportunity to comment 6 on them. 7 `(3) The commissioner must give a copy of the recommendations 8 to the Minister responsible for the service provider. 9 `(4) The Minister responsible for a relevant service provider 10 mentioned in section 31B(b) is the Minister responsible for 11 the child safety department.'. 12 Clause 49 Amendment of s 31I (Report to Minister about 13 noncompliance) 14 (1) Section 31I, heading, `Minister'-- 15 omit, insert-- 16 `Ministers'. 17 (2) Section 31I(2)-- 18 omit, insert-- 19 `(2) The commissioner may prepare a report about the matter and 20 give it to the Minister responsible for the child safety 21 department and the Minister responsible for the service 22 provider. 23 24 Note-- 25 Sections 60 to 63 establish a process for reports prepared by the 26 commissioner to be tabled in the Legislative Assembly. The process 27 includes giving an opportunity for an entity to respond to adverse 28 comments in a report.'. Clause 50 Amendment of s 46 (Identity of notifier under Child 29 Protection Act 1999) 30 (1) Section 46, heading, after `1999'-- 31 insert-- 32

 


 

s 51 61 s 53 Child Safety Legislation Amendment Bill (No. 2) 2004 `or Health Act 1937'. 1 (2) Section 46(1), `mentioned in the Child Protection Act 1999, 2 section 186'-- 3 omit. 4 (3) Section 46-- 5 insert-- 6 `(3) In this section-- 7 notifier means-- 8 (a) a notifier mentioned in the Child Protection Act 1999, 9 section 186; or 10 (b) a notifier mentioned in the Health Act 1937, 11 section 76KH whose identity is known to the chief 12 executive (child safety).'. 13 Clause 51 Amendment of s 89ZA (Annual report) 14 Section 89ZA-- 15 insert-- 16 `(3) Within 14 sitting days after receiving the report, the Minister 17 must table it in the Legislative Assembly.'. 18 Clause 52 Amendment of s 145 (Evidentiary provisions) 19 (1) Section 145(3), after `commissioner'-- 20 insert-- 21 `, the assistant commissioner'. 22 (2) Section 145(4), after `commissioner'-- 23 insert-- 24 `or assistant commissioner'. 25 Clause 53 Amendment of s 152 (Confidentiality of information about 26 criminal history) 27 (1) Section 152(1)(a), after `commissioner'-- 28

 


 

s 54 62 s 56 Child Safety Legislation Amendment Bill (No. 2) 2004 insert-- 1 `, the assistant commissioner'. 2 (2) Section 152(2)(a), after `commissioner,'-- 3 insert-- 4 `the assistant commissioner,'. 5 (3) Section 152(4)(a), after `commissioner'-- 6 insert-- 7 `, the assistant commissioner'. 8 (4) Section 152(4)(b), after `commissioner,'-- 9 insert-- 10 `the assistant commissioner,'. 11 Clause 54 Amendment of s 153 (Confidentiality of other 12 information) 13 Section 153(3)(a) and (c), after `commissioner'-- 14 insert-- 15 `or assistant commissioner'. 16 Clause 55 Amendment of s 161 (Protection from liability) 17 Section 161(3), definition official, paragraph (a), after 18 `commissioner'-- 19 insert-- 20 `or assistant commissioner'. 21 Clause 56 Amendment of sch 4 (Dictionary) 22 (1) Schedule 4, definition government entity-- 23 omit, insert-- 24 `government entity means a government entity under the 25 Public Service Act 1996, section 21, and includes the police 26 service to the extent it is not a government entity under that 27 section.'. 28

 


 

s 57 63 s 59 Child Safety Legislation Amendment Bill (No. 2) 2004 (2) Schedule 4, definition monitoring functions, `section 15(3)'-- 1 omit, insert-- 2 `section 15AA'. 3 Part 6 Amendment of Coroners Act 4 2003 5 Clause 57 Act amended in pt 6 6 This part amends the Coroners Act 2003. 7 Clause 58 Amendment of s 53 (Access to investigation documents 8 for research purposes) 9 Section 53(2)(b), after `section 17'-- 10 insert-- 11 `or the Child Protection Act 1999, section 159P '. 13 12 Clause 59 Amendment of s 54 (Access to investigation documents 13 for other purposes) 14 Section 54(7)-- 15 omit, insert-- 16 `(7) Despite anything in this section-- 17 (a) a document, to the extent that it contains confidential 18 information obtained under section 17,14 may only be 19 accessed under section 17(4); and 20 (b) a document, to the extent that it contains confidential 21 information obtained under the Child Protection Act 22 13 Child Protection Act 1999, section 159P (Release of information for an investigation under the Coroners Act) 14 Section 17 (Disclosure of confidential information to Coroners Court)

 


 

s 60 64 s 62 Child Safety Legislation Amendment Bill (No. 2) 2004 1999, section 159P,15 may only be accessed under 1 section 159P(3) of that Act.'. 2 Clause 60 Amendment of sch 2 (Dictionary) 3 Schedule 2, definition confidential document-- 4 omit, insert-- 5 `confidential document means a document containing, or the 6 part of a document that contains, information obtained under 7 section 17 or the Child Protection Act 1999, section 159P.16'. 8 Part 7 Amendment of Family Services 9 Act 1987 10 Clause 61 Act amended in pt 7 11 This part amends the Family Services Act 1987. 12 Clause 62 Insertion of new s 30A 13 After section 30-- 14 insert-- 15 `30A Delegation 16 `(1) The Minister may delegate the Minister's powers under 17 section 11(3), (4) and (6) to an appropriately qualified public 18 service officer or employee. 19 `(2) In this section-- 20 15 Child Protection Act 1999, section 159P (Release of information for an investigation under the Coroners Act) 16 Section 17 (Disclosure of confidential information to Coroners Court) or the Child Protection Act 1999, section 159P (Release of information for an investigation under the Coroners Act)

 


 

s 63 65 s 66 Child Safety Legislation Amendment Bill (No. 2) 2004 appropriately qualified, for a person to whom a power may be 1 delegated, includes having the qualifications, experience or 2 standing appropriate to exercise the power.'. 3 Part 8 Amendment of Health Act 1937 4 Clause 63 Act amended in pt 8 5 This part amends the Health Act 1937. 6 Clause 64 Amendment of s 5 (Interpretation) 7 (1) Section 5(1), definition parent-- 8 omit. 9 (2) Section 5(1)-- 10 insert-- 11 `chief executive (child safety), for part 3, division 6, see 12 section 76K. 13 child, for part 3, division 6, see section 76K. 14 harm, for part 3, division 6, see section 76K. 15 parent, for part 3, division 6, see section 76KA. 16 professional, for part 3, division 6, see section 76K. 17 registered nurse, for part 3, division 6, see section 76K. 18 Clause 65 Replacement of pt 3, div 6, hdg (Maltreatment of children) 19 Part 3, division 6, heading-- 20 omit, insert-- 21 `Division 6 Harm to children'. 22 Clause 66 Replacement of s 76K (Notification of maltreatment) 23 Section 76K-- 24

 


 

s 66 66 s 66 Child Safety Legislation Amendment Bill (No. 2) 2004 omit, insert-- 1 `76K Definitions for div 6 2 `In this division-- 3 chief executive (child safety) means the chief executive of the 4 department in which the Child Protection Act 1999 is 5 administered. 6 child means an individual who is under 18. 7 harm, to a child, means any detrimental effect on the child's 8 physical, psychological or emotional wellbeing-- 9 (a) that is of a significant nature; and 10 (b) that has been caused by-- 11 (i) physical, psychological or emotional abuse or 12 neglect; or 13 (ii) sexual abuse or exploitation. 14 parent, for part 3, division 6, see section 76KA. 15 professional, for part 3, division 6, see section 76K. 16 registered nurse means a person registered under the Nursing 17 Act 1992 as a registered nurse. 18 `76KA Meaning of parent for div 6 19 `(1) For this division, a parent of a child is the child's mother, 20 father or someone else, other than the chief executive (child 21 safety), having or exercising parental responsibility for the 22 child. 23 `(2) However, a person standing in the place of a parent of a child 24 on a temporary basis is not a parent of the child. 25 `(3) A parent of an Aboriginal child includes a person who, under 26 Aboriginal tradition, is regarded as a parent of the child. 27 `(4) A parent of a Torres Strait Islander child includes a person 28 who, under Island custom, is regarded as a parent of the child. 29 `(5) A reference in this division to the parents of a child or to one 30 of the parents of a child is, if the child has only 1 parent, a 31 reference to the parent. 32

 


 

s 66 67 s 66 Child Safety Legislation Amendment Bill (No. 2) 2004 `76KB Relationship with Child Protection Act 1999 1 `(1) The Child Protection Act 1999, sections 22 and 186, include 17 2 provision relevant to a professional giving a notice or other 3 information to the chief executive (child safety) under this 4 division. 5 `(2) If there is in force, for a child, both an order under the Child 6 Protection Act 1999 and an order under section 76L, the order 7 under the Child Protection Act 1999 prevails to the extent of 8 any inconsistency. 9 `76KC Mandatory reporting--immediate notice 10 `(1) This section applies if-- 11 (a) a professional becomes aware, or reasonably suspects, 12 during the practice of his or her profession, that a child 13 has been, is being, or is likely to be, harmed; and 14 (b) as far as the professional is aware, no other professional 15 has notified the chief executive (child safety) under this 16 section about the harm or likely harm. 17 `(2) The professional must immediately give notice of the harm or 18 likely harm to the chief executive (child safety)-- 19 (a) orally; or 20 (b) by facsimile, email or similar communication. 21 `(3) The notice must include-- 22 (a) the following information, to the extent the professional 23 has it or can reasonably obtain it-- 24 (i) the child's name; 25 (ii) the place or places where the child lives; 26 (iii) the names of the child's parents; 27 (iv) the place or places where the parents live or may 28 be contacted; and 29 17 Child Protection Act 1999, sections 22 (Protection from liability for notification of, or information given about, alleged harm or risk of harm) and 186 (Confidentiality of notifiers of harm or risk of harm)

 


 

s 66 68 s 66 Child Safety Legislation Amendment Bill (No. 2) 2004 (b) details of the harm or likely harm of which the 1 professional is aware or that the professional suspects; 2 and 3 (c) the professional's name, address and telephone number. 4 `(4) To remove any doubt, it is declared that a professional may 5 need to seek further information about harm or likely harm to 6 a child before forming a reasonable suspicion about the 7 matter. 8 9 Example-- 10 After physically examining a child, a professional considers it possible 11 that the child has been harmed. The professional obtains more 12 information by consulting with a colleague. After obtaining the further 13 information, the professional forms a reasonable suspicion that the child 14 has been harmed. `76KD Mandatory reporting--follow-up notice 15 `(1) This section applies if a professional gives notice orally under 16 section 76KC. 17 `(2) Within 7 days after giving the oral notice, the professional 18 must give the chief executive (child safety) a written notice 19 about the harm or likely harm. 20 `(3) The written notice must include the information, as at the time 21 the written notice is given, about the matters stated in 22 section 76KC(3). 23 `(4) The professional must give the written notice even if the 24 professional no longer believes or suspects the child has been, 25 is being, or is likely to be, harmed. 26 `76KE Offence 27 `A professional who fails to give a notice under section 76KC 28 or 76KD commits an offence. 29 Maximum penalty--50 penalty units. 30

 


 

s 66 69 s 66 Child Safety Legislation Amendment Bill (No. 2) 2004 `76KF Further information may be required 1 `(1) This section applies to a professional who has given the chief 2 executive (child safety) a notice about harm or likely harm 3 under section 76KC or 76KD. 4 `(2) The chief executive (child safety) may ask the professional, 5 orally or in writing, for stated further information that the 6 chief executive (child safety) reasonably considers is needed 7 to properly assess the harm or likely harm. 8 `(3) The professional must comply with the request, unless the 9 professional has a reasonable excuse. 10 Maximum penalty--50 penalty units. 11 `(4) A professional is not liable to be prosecuted for an offence 12 against subsection (3) unless the chief executive (child 13 safety), when making the request, warns the professional it is 14 an offence to fail to comply with the request unless the 15 professional has a reasonable excuse. 16 `76KG Protection from liability for giving information to 17 professional 18 `(1) This section applies if a person, acting honestly, gives 19 information to a professional by-- 20 (a) telling the professional that the person is aware, or 21 suspects, that a child has been, is being, or is likely to 22 be, harmed; or 23 (b) giving other information relating to the harm mentioned 24 in paragraph (a). 25 26 Examples of persons who may give information to a professional under 27 this section-- 28 a fellow professional seeking help to decide whether there are 29 reasonable grounds for forming a suspicion that the child has been 30 harmed 31 a health professional, administrative worker in a health practice, 32 emergency services officer, teacher or other person who, in the 33 course of the person's employment, observed something that raised 34 a suspicion the child had been harmed 35 a relative or friend of the child

 


 

s 66 70 s 66 Child Safety Legislation Amendment Bill (No. 2) 2004 `(2) The person is not liable, civilly, criminally or under an 1 administrative process, for giving the information. 2 `(3) Without limiting subsection (2)-- 3 (a) in a proceeding for defamation, the person has a defence 4 of absolute privilege for publishing the information; and 5 (b) if the person would otherwise be required to maintain 6 confidentiality about the information under an Act, oath 7 or rule of law or practice, the person-- 8 (i) does not contravene the Act, oath or rule of law or 9 practice by giving the information; and 10 (ii) is not liable to disciplinary action for giving the 11 information. 12 `76KH Confidentiality of notifiers 13 `(1) This section applies if a person (the notifier) gives 14 information under section 76KG(1) to a professional. 15 `(2) The professional to whom the information is given, or another 16 person who becomes aware of the identity of the notifier, must 17 not disclose the identity of the notifier to another person 18 except-- 19 (a) as permitted or required under this division; or 20 (b) in the course of performing functions under a child 21 protection law to another person performing functions 22 under a child protection law; or 23 (c) under the Child Protection (International Measures) Act 24 2003, part 6;18 or 25 (d) to the ombudsman for the conduct of an investigation 26 under the Ombudsman Act 2001; or 27 (e) by way of evidence given in a legal proceeding under 28 subsections (4) and (5). 29 Maximum penalty--40 penalty units. 30 18 Child Protection (International Measures) Act 2003, part 6 (Co-operation and other matters)

 


 

s 66 71 s 66 Child Safety Legislation Amendment Bill (No. 2) 2004 `(3) Also, the chief executive (child safety) may disclose the 1 identity of the notifier to the Commissioner for Children and 2 Young People and Child Guardian under the Commission for 3 Children and Young People and Child Guardian Act 2000, 4 section 46. 5 `(4) Subject to subsection (5)-- 6 (a) evidence of the identity of the notifier or from which the 7 identity of the notifier could be deduced must not be 8 given in a proceeding before a court or tribunal without 9 leave of the court or tribunal; and 10 (b) unless leave is granted, a party or witness in the 11 proceeding-- 12 (i) must not be asked, and, if asked, can not be 13 required to answer, any question that can not be 14 answered without disclosing the identity of, or 15 leading to the identification of, the notifier; and 16 (ii) must not be asked to produce, and, if asked, can 17 not be required to produce, any document that 18 identifies, or may lead to the identification of, the 19 notifier. 20 `(5) The court or tribunal must not grant leave unless-- 21 (a) it is satisfied-- 22 (i) the evidence is of critical importance in the 23 proceeding; and 24 (ii) there is compelling reason in the public interest for 25 disclosure; or 26 (b) the notifier agrees to the evidence being given in the 27 proceeding. 28 `(6) In deciding whether to grant leave, the court or tribunal must 29 take into account-- 30 (a) the possible effects of disclosure on the safety or welfare 31 of the notifier and the notifier's family; and 32 (b) the public interest in maintaining confidentiality of 33 notifiers. 34

 


 

s 67 72 s 67 Child Safety Legislation Amendment Bill (No. 2) 2004 `(7) As far as practicable, an application for leave must be heard in 1 a way that protects the identity of the notifier pending a 2 decision on the application. 3 `(8) In this section-- 4 child protection law means-- 5 (a) the Child Protection Act 1999; or 6 (b) a child welfare law or interstate law of another State 7 within the meanings given by the Child Protection Act 8 1999, schedule 3.'. 9 Clause 67 Amendment of s 76L (Temporary custody of children) 10 (1) Section 76L(2)(b)-- 11 omit, insert-- 12 `(b) the prescribed medical officer becomes aware, or 13 reasonably suspects, that the child has been, is being, or 14 is likely to be, harmed;'. 15 (2) Section 76L(3), from `suspects' to `danger'-- 16 omit, insert-- 17 `becomes aware, or reasonably suspects, that the child has 18 been, is being, or is likely to be, harmed'. 19 (3) Section 76L(10), after `(3)'-- 20 insert-- 21 `, that officer'. 22 (4) Section 76L(16), from `--' to `(b)'-- 23 omit. 24 (5) Section 76L(17), after `subsection (16)'-- 25 insert-- 26 `or (17)'. 27 (6) Section 76L(17)-- 28 renumber as section 76L(18). 29

 


 

s 68 73 s 71 Child Safety Legislation Amendment Bill (No. 2) 2004 (7) Section 76L-- 1 insert-- 2 `(17) As soon as practicable after making an order under 3 subsection (2) or (3), the prescribed medical officer must give 4 the chief executive (child safety) a notice about the order.'. 5 Clause 68 Omission of s 76M (Meaning of child for division) 6 Section 76M-- 7 omit. 8 Part 9 Amendment of Juvenile Justice 9 Act 1992 10 Clause 69 Act amended in pt 9 11 This part amends the Juvenile Justice Act 1992. 12 Clause 70 Amendment of s 257 (Interpretation) 13 Section 257, definition parent, after `chief executive'-- 14 insert-- 15 `(child safety)'. 16 Clause 71 Amendment of s 259 (Show cause hearing) 17 Section 259(12), after `chief executive'-- 18 insert-- 19 `(child safety)'. 20

 


 

s 72 74 s 72 Child Safety Legislation Amendment Bill (No. 2) 2004 Clause 72 Amendment of sch 4 (Dictionary) 1 Schedule 4-- 2 insert-- 3 `chief executive (child safety) means the chief executive of 4 the department in which the Child Protection Act 1999 is 5 administered.'. 6 State of Queensland 2004

 


 

AMENDMENTS TO BILL

1 Child Safety Legislation Amendment Bill (No. 2) 2004 Child Safety Legislation Amendment Bill (No. 2) 2004 Amendment agreed to during Consideration 1 Clause 66-- Page 66, line 16-- omit, insert-- `professional means a doctor or registered nurse.'.

 


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