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This is a Bill, not an Act. For current law, see the Acts databases.


CHILDREN AND COMMUNITY DEVELOPMENT BILL 2003

                          Western Australia



      Children and Community Services Bill
                     2003


                             CONTENTS



         Part 1 -- Preliminary
1.       Short title                                              2
2.       Commencement                                             2
3.       Terms used in this Act                                   2
4.       Presumptions of parentage                                7
5.       Status of notes                                          7
         Part 2 -- Objects and principles
         Division 1 -- Objects
6.       Objects                                                  8
         Division 2 -- General principles relating to
               children
7.       Principle that best interests of child paramount         8
8.       Determining the best interests of a child                8
9.       Guiding principles                                      10
10.      Principle of child participation                        11
         Division 3 -- Principles relating to Aboriginal and
               Torres Strait Islander children
11.      Relationship with principles in Division 2              13
12.      Aboriginal and Torres Strait Islander child placement
         principle                                               13
13.      Principle of self-determination                         13
14.      Principle of community participation                    14



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Children and Community Services Bill 2003



Contents



           Part 3 -- Administrative matters
           Division 1 -- The Minister
   15.     Agreements in respect of social services              15
   16.     Delegation by Minister                                15
           Division 2 -- The Community Development
                  Ministerial Body
   17.     Meaning of "Ministerial Body"                         16
   18.     The Community Development Ministerial Body            16
   19.     Purpose and nature of the Ministerial Body            16
   20.     Execution of documents by the Ministerial Body        17
           Division 3 -- The CEO
   21.     Functions of CEO                                      18
   22.     Cooperation and assistance                            19
   23.     Exchange of information                               20
   24.     Delegation by CEO                                     21
           Division 4 -- Authorised officers
   25.     Appointment of authorised officers                    22
   26.     Identity cards                                        22
           Division 5 -- Advisory bodies
   27.     Establishment of advisory bodies                      22
           Part 4 -- Protection and care of
                children
           Division 1 -- Introductory matters
   28.     When child is in need of protection                   24
   29.     Provisional protection and care: meaning and effect   25
   30.     Child in the CEO's care                               26
           Division 2 -- Powers available to safeguard or
                 promote child's wellbeing
           Subdivision 1 -- General powers of CEO
   31.     CEO may cause inquiries to be made about child        26
   32.     Further action by CEO                                 26
           Subdivision 2 -- Powers relating to investigation
   33.     Access to child for purposes of investigation         28
   34.     Warrant (access)                                      29
           Subdivision 3 -- Provisional protection and care
   35.     Warrant (provisional protection and care)             29

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                                                             Contents



36.   Action after child taken into provisional protection
      and care under warrant                                   30
37.   Provisional protection and care without warrant if
      child at immediate and substantial risk                  31
38.   Action after child taken into provisional protection
      and care without warrant                                 31
39.   Provisional care plan                                    33
      Subdivision 4 -- Other powers
40.   Power to keep child under 6 years of age in hospital     34
41.   Power to move child to safe place                        35
      Division 3 -- Protection orders
      Subdivision 1 -- Introductory matters
42.   Terms used in this Division                              37
43.   Protection order                                         37
      Subdivision 2 -- Applications for, and making of,
             protection orders
44.   Application for protection order                         37
45.   Court may make protection order                          38
46.   No order principle                                       38
      Subdivision 3 -- Protection orders (supervision)
47.   Protection order (supervision)                           39
48.   Duration of protection order (supervision)               39
49.   Extension of protection order (supervision)              39
50.   Conditions of protection order (supervision)             40
51.   Variation of conditions of protection order
      (supervision)                                            40
52.   Authorised officer entitled to have access to child      41
53.   Provision of social services                             42
      Subdivision 4 -- Protection orders (time-limited)
54.   Protection order (time-limited)                          42
55.   Duration of protection order (time-limited)              42
56.   Extension of protection order (time-limited)             42
      Subdivision 5 -- Protection orders (until 18)
57.   Protection order (until 18)                              43
58.   Restriction on making protection order (until 18)        44
59.   Duration of protection order (until 18)                  44




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Children and Community Services Bill 2003



Contents



           Subdivision 6 -- Protection orders (enduring
                  parental responsibility)
   60.     Protection order (enduring parental responsibility)     44
   61.     Restriction on making protection order (enduring
           parental responsibility)                                44
   62.     Duration of protection order (enduring parental
           responsibility)                                         45
   63.     Conditions of protection order (enduring parental
           responsibility)                                         46
   64.     Variation of conditions of protection order (enduring
           parental responsibility)                                46
   65.     Court may order payments to enduring parental carer     47
   66.     Provision of social services                            47
           Subdivision 7 -- Revocation and replacement of
                  protection orders
   67.     Revocation of protection order                          47
   68.     Replacement of protection order                         48
           Subdivision 8 -- General
   69.     Applications for extension, variation, revocation or
           replacement of protection orders                        48
   70.     Form of protection order                                49
   71.     Child's date of birth                                   49
   72.     Parties to proceedings to be given copy of protection
           order                                                   49
   73.     Maintenance of children under certain orders            50
           Division 4 -- Negotiated placement
   74.     Meaning of "child"                                      51
   75.     Negotiated placement agreement                          51
   76.     Duration of negotiated placement agreement              52
   77.     Termination of negotiated placement agreement           52
           Division 5 -- Children in the CEO's care
           Subdivision 1 -- Charter of Rights
   78.     CEO to prepare Charter of Rights                        53
           Subdivision 2 -- Placement arrangements
   79.     Power of CEO to arrange placement of child              53
   80.     Guidelines for placement of certain children            54
   81.     Matters relevant to placement of Aboriginal or Torres
           Strait Islander children                                54
   82.     Payment for care under placement arrangement            55

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                                                            Contents



83.    Inspection of place where child living                 55
84.    Authorised officer may request carer to hand over
       child                                                  55
85.    Warrant (apprehension) where child not handed over     55
86.    Warrant (apprehension) where child absent or taken
       without authority                                      56
87.    Apprehension without warrant in certain
       circumstances                                          56
       Subdivision 3 -- Care plans
88.    Meaning of "parent"                                    57
89.    Care plan                                              57
90.    Review of care plan                                    58
       Subdivision 4 -- Review of case planning decisions
91.    Terms used in this Subdivision                         59
92.    Case review panel                                      59
93.    Initial review                                         60
94.    Review of CEO's decision                               61
95.    Procedure                                              62
       Division 6 -- Provisions about leaving the CEO's
               care
96.    People who qualify for assistance                      62
97.    Entitlement to personal material                       62
98.    Social services                                        63
99.    Information and advisory services                      63
100.   Financial assistance                                   64
       Division 7 -- Offences
       Subdivision 1 -- Children generally
101.   Failing to protect child from significant harm         64
102.   Leaving child unsupervised in vehicle                  65
103.   Tattooing or branding                                  66
104.   Providing long-term care for young children            66
       Subdivision 2 -- Children under placement
               arrangements
105.   Terms used in this Subdivision                         67
106.   Removing child from State                              68
107.   Removing child from place of residence                 68
108.   Harbouring child                                       69
109.   Preventing child's return                              69


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Children and Community Services Bill 2003



Contents



   110.    CEO may prohibit communication with child                 69
   111.    Evidentiary provision                                     69
           Division 8 -- Powers of restraint, search and
                 seizure
   112.    Terms used in this Division                               69
   113.    Prerequisites for exercise of power                       70
   114.    Child may be restrained                                   71
   115.    Child may be searched                                     71
   116.    Certain articles may be seized                            72
   117.    How seized articles to be dealt with                      72
   118.    Use of reasonable force                                   73
   119.    Prescribed procedures                                     73
           Division 9 -- Warrants
   120.    Applying for warrant                                      73
   121.    Authority conferred by warrant (access)                   75
   122.    Authority conferred by warrant (apprehension)             76
   123.    Authority conferred by warrant (provisional
           protection and care)                                      77
   124.    Execution of warrant                                      77
           Division 10 -- General
   125.    Access to child                                           78
   126.    Recovery of certain expenditure                           78
   127.    Power of CEO to give consent                              79
   128.    Records                                                   79
   129.    Protection from liability for giving information          79
   130.    General powers of police officers not affected            80
           Part 5 -- Protection proceedings
           Division 1 -- Terms used in this Part
   131.    Terms used in this Part                                   81
           Division 2 -- Adjournment and interim orders
   132.    Adjournment of proceedings                                81
   133.    Interim orders                                            81
   134.    Variation or revocation of interim order                  82
   135.    Authorised officer entitled to have access to the child   83
           Division 3 -- Pre-hearing conferences
   136.    Court may order pre-hearing conference                    84
   137.    Confidentiality of pre-hearing conference                 85


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                                                                  Contents



       Division 4 -- Reports about child
138.   Meaning of "report"                                          86
139.   Court may require report                                     86
140.   Access to written report                                     87
141.   Confidentiality of report                                    87
142.   Protection from liability for preparing or giving report     88
       Division 5 -- Proposals about arrangements for
              child
143.   CEO to provide Court with proposal for child                 88
144.   Court to consider proposal                                   90
       Division 6 -- Procedural matters
145.   General conduct of protection proceedings                    90
146.   Court not bound by rules of evidence                         91
147.   Parties to the proceedings                                   91
148.   Legal representation of child                                92
149.   Presence of child in court                                   92
150.   Evidence of child                                            93
151.   Standard of proof                                            93
152.   Intervention by Attorney General                             94
153.   Court to facilitate party's participation in proceedings     94
154.   Court may dispense with requirement for service              94
155.   Frivolous or vexatious proceedings                           95
       Part 6 -- Transfer of child protection
            orders and proceedings
       Division 1 -- Introductory matters
156.   Purpose of Part                                              96
157.   Terms used in this Part                                      96
       Division 2 -- Transfer of child protection orders
       Subdivision 1 -- Administrative transfers
158.   When CEO may transfer order                                  99
159.   Persons whose consent is required                           100
160.   CEO to have regard to certain matters                       101
161.   Notification of decision to transfer                        101
162.   Limited period in which to apply for judicial review
       of decision                                                 102
163.   Review by State Administrative Tribunal                     102



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Children and Community Services Bill 2003



Contents



            Subdivision 2 -- Judicial transfers
   164.     When Court may transfer order                         103
   165.     Service of application                                103
   166.     Court to have regard to certain matters               103
   167.     Type of order                                         104
   168.     Court must consider report from the CEO               104
   169.     Appeals                                               105
            Division 3 -- Transfer of child protection
                   proceedings
   170.     When Court may transfer child protection proceeding   106
   171.     Service of application                                106
   172.     Court to have regard to certain matters               106
   173.     Interim order                                         107
   174.     Appeals                                               108
            Division 4 -- Registration
   175.     Filing of interstate orders in the Court              109
   176.     Registration of interstate orders                     110
   177.     Notification by registrar of Court                    110
   178.     Effect of registration                                110
   179.     Revocation of registration                            111
            Division 5 -- General
   180.     Legal representation of child                         112
   181.     Effect of registration of transferred order           112
   182.     Transfer of Court file                                112
   183.     Hearing and determination of transferred proceeding   113
   184.     Disclosure of information                             113
   185.     Discretion of CEO to consent to transfer              113
   186.     Evidence of consent of relevant interstate officer    114
   187.     Offence to remove child                               114
            Part 7 -- Employment of children
   188.     Terms used in this Part                               115
   189.     School Education Act 1999 not affected                115
   190.     Prohibition on employment of child under 15           115
   191.     Exceptions to section 190                             116
   192.     Prohibition on employment of child to perform in
            indecent manner                                       117
   193.     Power of CEO to prohibit or limit employment of
            child                                                 118
   194.     False information                                     119

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                                                                Contents



195.   Powers of authorised officers                             119
196.   Proceedings against employers may be taken by
       industrial inspectors                                     120
       Part 8 -- Child care services
       Division 1 -- Introductory matters
197.   Terms used in this Part                                   122
198.   Meaning of "child care service"                           124
199.   Guiding principles                                        125
200.   Crown bound                                               126
       Division 2 -- Licensing requirement
201.   Requirement for licence                                   126
       Division 3 -- Application for and grant of licence
202.   Who may apply for licence                                 126
203.   Application for licence                                   127
204.   Further information relevant to application               127
205.   Grant of licence                                          128
206.   General restrictions on grant of licence                  128
207.   Restrictions on grant of licence: individual applicant    129
208.   Restrictions on grant of licence: corporate applicant     129
209.   Restrictions on grant of licence: public authority        130
210.   Licence document                                          130
211.   Licence not transferable                                  131
       Division 4 -- Licence conditions and amendment
212.   Condition as to supervision and control                   131
213.   Other conditions                                          131
214.   Contravention of conditions                               131
215.   Amendment of licence                                      131
       Division 5 -- Duration and renewal
216.   Duration of licence                                       132
217.   Application for renewal of licence                        132
218.   Restrictions on renewal of licence                        133
219.   Renewal of licence                                        133
       Division 6 -- Suspension and cancellation
220.   Suspension of licence                                     133
221.   Notice of proposed suspension                             134
222.   Revocation of suspension                                  135
223.   Duration of suspension                                    135
224.   Cancellation of licence                                   135

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Children and Community Services Bill 2003



Contents



           Division 7 -- Review
  225.     Review by State Administrative Tribunal                 136
           Division 8 -- General
  226.     Advertising                                             137
  227.     Production of licence document for amendment            137
  228.     Return of licence document if licence no longer in
           effect                                                  137
  229.     Power to exempt                                         137
  230.     Evidentiary certificate                                 138
  231.     Powers of entry and inspection                          139
  232.     Regulations                                             139
           Part 9 -- Provision of financial or other
                assistance
  233.     Power to provide financial or other assistance          142
  234.     Power to assist with funeral expenses                   142
  235.     Application for assistance                              142
  236.     Recovery of overpayments in certain circumstances       143
           Part 10 -- Confidentiality provisions
  237.     Restriction on publication of certain information or
           material                                                144
  238.     Production of departmental records                      145
  239.     Objection to disclosure of certain information during
           proceedings                                             146
  240.     Confidentiality of notifier's identity                  147
  241.     Confidentiality of information                          149
           Part 11 -- Other matters
  242.     Obstruction                                             151
  243.     Impersonating an officer                                151
  244.     False information                                       151
  245.     Legal proceedings                                       151
  246.     Protection from liability for wrongdoing                152
  247.     Effect of provision requiring document to be given to
           particular person or child                              152
  248.     Regulations                                             153
  249.     Review of Act                                           153
  250.     Repeal, transitional and savings provisions             153
  251.     Other Acts amended                                      154

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                         Children and Community Services Bill 2003



                                                           Contents



      Schedule 1 -- Transitional and savings
          provisions
      Division 1 -- Introductory matters
1.    Meaning of terms used in this Schedule                155
2.    Interpretation Act 1984 not affected                  155
      Division 2 -- Provisions related to repeal of Child
            Welfare Act 1947
3.    Existing orders                                       156
4.    Extended orders                                       156
5.    Existing proceedings                                  156
6.    Existing appeals                                      157
7.    Records under s. 11                                   157
8.    Operation of orders under s. 13 or 14                 157
9.    Children detained under s. 29(3a)                     158
10.   Orders under s. 40A                                   158
11.   Applications under s. 47                              158
12.   Notices under s. 107A or 107B                         158
13.   Warrants                                              158
14.   Authorisations under s. 111 or 112                    158
15.   Orders and proceedings under Part VIIIA               159
16.   Orders under s. 146A                                  159
      Division 3 -- Provisions related to repeal of
            Community Services Act 1972
17.   Status of Ministerial Body                            159
18.   Licences and permits under s. 17B                     159
19.   Existing applications                                 160
20.   Appeals under s. 17C                                  160
21.   Bodies established under s. 22                        160
      Division 4 -- Provisions related to repeal of
            Welfare and Assistance Act 1961
22.   Advances and grants of assistance                     160
23.   Applications for assistance                           161
      Division 5 -- General
24.   References to repealed Acts                           161
25.   Powers in relation to transitional matters            161




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Children and Community Services Bill 2003



Contents



           Schedule 2 -- Amendments to other
               Acts
   1.      Aboriginal Affairs Planning Authority Act 1972
           amended                                            163
   2.      Adoption Act 1994 amended                          163
   3.      Bail Act 1982 amended                              168
   4.      Children's Court of Western Australia Act 1988
           amended                                            168
   5.      Constitution Acts Amendment Act 1899 amended       171
   6.      Coroners Act 1996 amended                          172
   7.      Disability Services Act 1993 amended               172
   8.      Electoral Act 1907 amended                         173
   9.      Evidence Act 1906 amended                          173
   10.     Family Court Act 1997 amended                      174
   11.     Guardianship and Administration Act 1990 amended   175
   12.     Health Act 1911 amended                            176
   13.     Hire-Purchase Act 1959 amended                     176
   14.     Human Reproductive Technology Act 1991 amended     177
   15.     Industrial Relations Act 1979 amended              178
   16.     Juries Act 1957 amended                            179
   17.     Legal Aid Commission Act 1976 amended              180
   18.     Legal Representation of Infants Act 1977 amended   180
   19.     Parks and Reserves Act 1895 amended                181
   20.     Prostitution Act 2000 amended                      181
   21.     Protective Custody Act 2000 amended                182
   22.     Rates and Charges (Rebates and Deferments)
           Act 1992 amended                                   182
   23.     Restraining Orders Act 1997 amended                183
   24.     School Education Act 1999 amended                  184
   25.     Spent Convictions Act 1988 amended                 184
   26.     Tobacco Control Act 1990 amended                   185
   27.     Young Offenders Act 1994 amended                   185
           Defined Terms




page xii
                           Western Australia



                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)


          Children and Community Services
                      Bill 2003


                               A Bill for


An Act --
•  to confer functions in relation to the provision of social services,
   the provision of financial and other assistance, and other matters
   concerning the wellbeing of children, other individuals, families
   and communities;
•  to make provisions about the protection and care of children, the
   employment of children, and child care services;
•  to repeal the Child Welfare Act 1947;
•  to repeal the Community Services Act 1972;
•  to repeal the Welfare and Assistance Act 1961;
•  to amend certain Acts,
and to provide for related matters.



The Parliament of Western Australia enacts as follows:



                                                                page 1
     Children and Community Services Bill 2003
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Children and Community
                Services Act 2003.

5    2.         Commencement
          (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

     3.         Terms used in this Act
10              In this Act, unless the contrary intention appears --
                "Aboriginal person" means a person who is a descendant of
                     Aboriginal people of Australia, and "Aboriginal child"
                     has a corresponding meaning;
                "adult" means a person who has reached 18 years of age;
15              "authorised officer" means an officer appointed under
                     section 25 for the purposes of this Act or for the purposes
                     of the provision in which the term is used;
                "carer" means a person who provides care for a child under a
                     placement arrangement;
20              "CEO" means the chief executive officer of the Department;
                "child" means a person who is under 18 years of age, and in the
                     absence of positive evidence as to age, means a person who
                     is apparently under 18 years of age;
                "Court" means the Children's Court;
25              "Department" means the department of the Public Service
                     principally assisting the Minister in the administration of
                     this Act;


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                          Children and Community Services Bill 2003
                                         Preliminary         Part 1

                                                                 s. 3



     "disability" means a disability --
          (a) that is attributable to an intellectual, psychiatric,
                 cognitive, neurological, sensory, or physical
                 impairment or a combination of those impairments;
5         (b) that is permanent or likely to be permanent;
          (c) that may or may not be of a chronic or episodic
                 nature; and
          (d) that results in --
                   (i) a substantially reduced capacity of the person
10                       for communication, social interaction,
                         learning or mobility; and
                  (ii) a need for continuing support services;
     "first listing date", in relation to a protection application,
          means the day fixed under section 44(4) in respect of the
15        application;
     "harm", in relation to a child, includes harm to the child's
          physical, emotional or psychological development;
     "in need of protection" has the meaning given to that term in
          section 28(2);
20   "in the CEO's care" has the meaning given to that term in
          section 30;
     "interim order", except in Part 6, means an order made under
          section 133;
     "magistrate" means a magistrate of the Court;
25   "negotiated placement agreement" means an agreement under
          section 75(1);
     "officer" means a person employed in, or engaged by, the
          Department whether as a public service officer under the
          Public Sector Management Act 1994, under a contract for
30        services, or otherwise;




                                                              page 3
     Children and Community Services Bill 2003
     Part 1         Preliminary

     s. 3



              "parent", in relation to a child, means a person, other than the
                  CEO, who at law has responsibility for --
                   (a) the long-term care, welfare and development of the
                         child; or
5                 (b) the day-to-day care, welfare and development of the
                         child;
              "parental responsibility", in relation to a child, means all the
                  duties, powers, responsibilities and authority which, by
                  law, parents have in relation to children;
10            "party", in relation to protection proceedings, means a person
                  who is a party to the proceedings under section 147;
              "place" means anywhere at all, and includes anywhere in or on
                  something that is moving or can move;
              "placed" means placed under a placement arrangement;
15            "placement" means placement under a placement arrangement;
              "placement arrangement" means an arrangement under
                  section 79(2) for the placement of a child;
              "police officer" has the meaning given to that term in the
                  Protective Custody Act 2000 section 3;
20            "pre-hearing conference" means a conference referred to in
                  section 136(1);
              "protection application" means an application to the Court for
                  a protection order;
              "protection order" has the meaning given to that term in
25                section 43;
              "protection order (enduring parental responsibility)" has the
                  meaning given to that term in section 60;
              "protection order (supervision)" has the meaning given to that
                  term in section 47;
30            "protection order (time-limited)" has the meaning given to
                  that term in section 54;
              "protection order (until 18)" has the meaning given to that
                  term in section 57;

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                           Children and Community Services Bill 2003
                                          Preliminary         Part 1

                                                                     s. 3



     "protection proceedings" means proceedings in respect of, or
          in connection with, a protection application or other
          application to the Court under Part 4 (excluding an
          application under section 65, 73 or 126);
5    "provisional protection and care" has the meaning given to
          that term in section 29(1);
     "public authority" means --
          (a) a department of the Public Service;
          (b) a State agency or instrumentality;
10        (c) a local government or regional local government; or
          (d) a body, whether corporate or unincorporate, or the
                 holder of an office, post or position, established or
                 continued for a public purpose under a written law;
     "relative", in relation to a child, means each of the following
15        people --
          (a) the child's --
                    (i) parent, grandparent or other ancestor;
                   (ii) step-parent;
                  (iii) sibling;
20                (iv) uncle or aunt;
                   (v) cousin;
                  (vi) spouse or de facto partner,
                 whether the relationship is established by, or traced
                 through, consanguinity, marriage, a de facto
25               relationship, a written law or a natural relationship;
          (b) in the case of an Aboriginal child, a person regarded
                 under the customary law or tradition of the child's
                 community as the equivalent of a person mentioned
                 in paragraph (a);
30        (c) in the case of a Torres Strait Islander child, a person
                 regarded under the customary law or tradition of the



                                                                  page 5
     Children and Community Services Bill 2003
     Part 1         Preliminary

     s. 3



                         Torres Strait Islands as the equivalent of a person
                         mentioned in paragraph (a);
              "service provider" means a person or body who or which --
                   (a) provides or promotes social services; or
5                  (b) conducts research and development,
                   under an agreement referred to in section 15(1);
              "social services" means services provided to assist children,
                   other individuals, families and communities including, but
                   not limited to, the following services --
10                 (a) preventative services;
                   (b) protective services;
                   (c) placement services;
                   (d) child care services;
                   (e) information and advisory services;
15                  (f) education and training services;
                   (g) counselling services;
                   (h) therapeutic services;
                    (i) advocacy services;
                    (j) mediation services;
20                 (k) crisis services;
                    (l) family and domestic violence services;
                  (m) support services;
              "Torres Strait Islander" means a person who is a descendant
                   of the indigenous inhabitants of the Torres Strait Islands,
25                 and "Torres Strait Islander child" has a corresponding
                   meaning;
              "wellbeing" of a child includes the care, development, health
                   and safety of the child;
              "working day", except in Part 6, means a day other than a
30                 Saturday, Sunday, public holiday or public service holiday.



     page 6
                                      Children and Community Services Bill 2003
                                                     Preliminary         Part 1

                                                                               s. 4



     4.         Presumptions of parentage
          (1)   The presumptions of parentage set out in the Family Court
                Act 1997 Part 5 Division 11 Subdivision 3 apply when
                considering, for the purposes of Parts 4 and 5, who is a parent of
5               a child.
          (2)   The Family Court Act 1997 section 193 applies, for the
                purposes of Parts 4 and 5, in relation to the presumptions
                referred to in subsection (1).

     5.         Status of notes
10              Notes in this Act are provided to assist understanding and do not
                form part of this Act.




                                                                             page 7
     Children and Community Services Bill 2003
     Part 2         Objects and principles
     Division 1     Objects
     s. 6



                         Part 2 -- Objects and principles
                                 Division 1 -- Objects
     6.          Objects
                 The objects of this Act are --
5                  (a)    to promote the wellbeing of children, other individuals,
                          families and communities;
                   (b)    to acknowledge the primary role of parents, families and
                          communities in safeguarding and promoting the
                          wellbeing of children;
10                 (c)    to encourage and support parents, families and
                          communities in carrying out that role;
                   (d)    to provide for the protection and care of children in
                          circumstances where their parents have not given, or are
                          unlikely or unable to give, that protection and care;
15                 (e)    to protect children from exploitation in employment;
                          and
                   (f)    to protect, and promote the best interests of, children
                          who receive child care services.

                Division 2 -- General principles relating to children
20   7.          Principle that best interests of child paramount
                 In performing a function or exercising a power under this Act in
                 relation to a child, a person or the Court must regard the best
                 interests of the child as the paramount consideration.

     8.          Determining the best interests of a child
25        (1)    In determining for the purposes of this Act what is in a child's
                 best interests the following matters must be taken into
                 account --
                   (a) the need to protect the child from harm;


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                        Children and Community Services Bill 2003
                                Objects and principles       Part 2
                 General principles relating to children Division 2
                                                                s. 8



     (b)   the capacity of the child's parents to protect the child
           from harm;
     (c)   the capacity of the child's parents, or of any other
           person, to provide for the child's needs;
5    (d)   the nature of the child's relationship with the child's
           parents, siblings and other relatives and with any other
           people who are significant in the child's life;
     (e)   the attitude to the child, and to parental responsibility,
           demonstrated by the child's parents;
10   (f)   any wishes or views expressed by the child, having
           regard to the child's age and level of understanding in
           determining the weight to be given to those wishes or
           views;
     (g)   the importance of permanency in the child's living
15         arrangements and the likely effect on the child of
           disruption of those living arrangements, including
           separation from --
              (i) the child's parents;
             (ii) a sibling or other relative of the child;
20          (iii) a carer or any other person (including a child)
                    with whom the child is, or has recently been,
                    living; or
            (iv) any other person who is significant in the child's
                    life;
25   (h)   the need for the child to maintain contact with the
           child's parents, siblings and other relatives and with any
           other people who are significant in the child's life;
     (i)   the child's age, maturity, sex, sexuality, background and
           language;
30   (j)   the child's cultural, ethnic or religious identity
           (including any need to maintain a connection with the
           lifestyle, culture and traditions of Aboriginal people or
           Torres Strait Islanders);


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     Children and Community Services Bill 2003
     Part 2         Objects and principles
     Division 2     General principles relating to children
     s. 9



                 (k)    the child's physical, emotional, intellectual, spiritual,
                        developmental and educational needs;
                  (l)   any other relevant characteristics of the child;
                 (m)    the likely effect on the child of any change in the child's
5                       circumstances.
          (2)   Subsection (1) does not limit the matters that may be taken into
                account in determining what is in the best interests of a child.

     9.         Guiding principles
                In the administration of this Act the following principles must
10              be observed --
                  (a) the principle that the parents, family and community of a
                        child have the primary role in safeguarding and
                        promoting the child's wellbeing;
                  (b) the principle that the preferred way of safeguarding and
15                      promoting a child's wellbeing is to support the child's
                        parents, family and community in the care of the child;
                  (c) the principle that every child should be cared for and
                        protected from harm;
                  (d) the principle that every child should live in an
20                      environment free from violence;
                  (e) the principle that every child should have stable, secure
                        and safe relationships and living arrangements;
                   (f) the principle that intervention action (as defined in
                        section 32(2)) should only be taken in respect of a child
25                      in circumstances where there is no other reasonable way
                        to safeguard and promote the child's wellbeing;
                  (g) the principle that if a child is removed from the child's
                        family then, so far as is consistent with the child's best
                        interests, the child should be given encouragement and
30                      support in maintaining contact with the child's parents,
                        siblings and other relatives and with any other people
                        who are significant in the child's life;


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                                       Children and Community Services Bill 2003
                                               Objects and principles       Part 2
                                General principles relating to children Division 2
                                                                             s. 10



                  (h)    the principle that decisions about a child should be made
                         promptly having regard to the age, characteristics,
                         circumstances and needs of the child;
                   (i)   the principle that decisions about a child should be
5                        consistent with cultural, ethnic and religious values and
                         traditions relevant to the child;
                   (j)   the principle that a child's parents and any other people
                         who are significant in the child's life should be given an
                         opportunity and assistance to participate in
10                       decision-making processes under this Act that are likely
                         to have a significant impact on the child's life;
                  (k)    the principle that a child's parents and any other people
                         who are significant in the child's life should be given
                         adequate information, in a manner and language that
15                       they can understand, about --
                            (i) decision-making processes under this Act that
                                 are likely to have a significant impact on the
                                 child's life;
                           (ii) the outcome of any decision about the child,
20                               including an explanation of the reasons for the
                                 decision; and
                          (iii) any relevant complaint or review procedures;
                   (l)   the principle set out in section 10(1).

     10.         Principle of child participation
25         (1)   If a decision under this Act is likely to have a significant impact
                 on a child's life then, for the purpose of ensuring that the child
                 is able to participate in the decision-making process, the child
                 should be given --
                    (a) adequate information, in a manner and language that the
30                        child can understand, about --
                            (i) the decision to be made;
                           (ii) the reasons for the Department's involvement;


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     Children and Community Services Bill 2003
     Part 2         Objects and principles
     Division 2     General principles relating to children
     s. 10



                        (iii)  the ways in which the child can participate in the
                               decision-making process; and
                        (iv) any relevant complaint or review procedures;
                (b)    the opportunity to express the child's wishes and views
5                      freely, according to the child's abilities;
                 (c)   any assistance that is necessary for the child to express
                       those wishes and views;
                (d)    adequate information as to how the child's wishes and
                       views will be recorded and taken into account;
10               (e)   adequate information about the decision made and a full
                       explanation of the reasons for the decision; and
                 (f)   an opportunity to respond to the decision made.
        (2)    In the application of the principle set out in subsection (1), due
               regard must be had to the age and level of understanding of the
15             child concerned.
        (3)    Decisions under this Act that are likely to have a significant
               impact on a child's life include but are not limited to --
                 (a) decisions about the placement of the child;
                 (b) decisions in the course of preparing, modifying or
20                    reviewing care plans or provisional care plans for the
                      child;
                 (c) decisions about the provision of social services to the
                      child; and
                 (d) decisions about contact with the child's parents, siblings
25                    and other relatives and with any other people who are
                      significant in the child's life.
        (4)    In subsection (3)(b) --
               "care plan" has the meaning given to that term in section 89(1);
               "provisional care plan" has the meaning given to that term in
30                  section 39(1).




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                                           Children and Community Services Bill 2003
                                                  Objects and principles      Part 2
             Principles relating to Aboriginal and Torres Strait Islander Division 3
                                                                 children
                                                                                s. 11


     Division 3 -- Principles relating to Aboriginal and Torres Strait
                            Islander children
     11.         Relationship with principles in Division 2
                 The principles set out in this Division are in addition to, and do
5                not derogate from, the principles set out in Division 2.

     12.         Aboriginal and Torres Strait Islander child placement
                 principle
           (1)   The objective of the principle in subsection (2) is to maintain a
                 connection with family and culture for Aboriginal children and
10               Torres Strait Islander children who are the subject of placement
                 arrangements.
           (2)   In making a decision under this Act about the placement of an
                 Aboriginal child or a Torres Strait Islander child, a principle to
                 be observed is that any placement of the child must be
15               considered as far as is practicable in the following order of
                 priority --
                   (a) placement with a member of the child's family;
                   (b) placement with a person who is an Aboriginal person or
                         a Torres Strait Islander in the child's community in
20                       accordance with local customary practice;
                   (c) placement with a person who is an Aboriginal person or
                         a Torres Strait Islander;
                   (d) placement with a person who is not an Aboriginal
                         person or a Torres Strait Islander but who, in the opinion
25                       of the CEO, is sensitive to the needs of the child and
                         capable of promoting the child's ongoing affiliation with
                         the child's culture, and where possible, the child's
                         family.

     13.         Principle of self-determination
30               In the administration of this Act a principle to be observed is
                 that Aboriginal people and Torres Strait Islanders should be

                                                                            page 13
     Children and Community Services Bill 2003
     Part 2         Objects and principles
     Division 3     Principles relating to Aboriginal and Torres Strait Islander
                    children
     s. 14


               allowed to participate in the protection and care of their children
               with as much self-determination as possible.

     14.       Principle of community participation
               In the administration of this Act a principle to be observed is
5              that a kinship group, community or representative organisation
               of Aboriginal people or Torres Strait Islanders should be given,
               where appropriate, an opportunity and assistance to participate
               in decision-making processes under this Act that are likely to
               have a significant impact on the life of a child who is a member
10             of, or represented by, the group, community or organisation.




     page 14
                                       Children and Community Services Bill 2003
                                             Administrative matters       Part 3
                                                      The Minister   Division 1
                                                                            s. 15



                      Part 3 -- Administrative matters
                             Division 1 -- The Minister
     15.         Agreements in respect of social services
           (1)   The Minister may, on behalf of the State, enter into an
5                agreement with a person or body for --
                   (a) the provision or promotion of social services by that
                       person or body; or
                   (b) the conduct of research and development by that person
                       or body in relation to the provision of social services.
10         (2)   An agreement under subsection (1) may contain any provisions
                 that the Minister considers appropriate.
           (3)   Nothing in this section limits any power that the Minister has,
                 apart from this section, to enter into an agreement or other
                 arrangement.

15   16.         Delegation by Minister
           (1)   The Minister may delegate to the CEO any power or duty of the
                 Minister under another provision of this Act.
           (2)   Without limiting the powers or duties that may be delegated
                 under subsection (1), they include any power to be exercised or
20               duty to be performed in the course of governing the affairs of
                 the Community Development Ministerial Body under
                 section 18(4).
           (3)   The delegation must be in writing signed by the Minister.
           (4)   The delegation may expressly authorise the CEO to further
25               delegate the power or duty.
           (5)   A person exercising or performing a power or duty that has been
                 delegated to the person under, or as authorised under, this
                 section, is to be taken to do so in accordance with the terms of
                 the delegation unless the contrary is shown.

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     Children and Community Services Bill 2003
     Part 3         Administrative matters
     Division 2     The Community Development Ministerial Body
     s. 17



           (6)   Nothing in this section limits the ability of the Minister to
                 perform a function through an officer or agent.

      Division 2 -- The Community Development Ministerial Body
     17.         Meaning of "Ministerial Body"
5                In this Division --
                 "Ministerial Body" means the Community Development
                    Ministerial Body established by section 18(1).

     18.         The Community Development Ministerial Body
           (1)   A body called the Community Development Ministerial Body is
10               established.
           (2)   The Ministerial Body is a body corporate with perpetual
                 succession.
           (3)   Proceedings may be taken by or against the Ministerial Body in
                 its corporate name.
15         (4)   The Ministerial Body is to be governed by the Minister.
           (5)   The Ministerial Body is an agent of the State and has the status,
                 immunities and privileges of the State.

     19.         Purpose and nature of the Ministerial Body
           (1)   The Ministerial Body is established to provide a body corporate
20               through which the Minister can perform any of the Minister's
                 functions under this Act that can more conveniently be
                 performed by a body corporate than an individual.
           (2)   Despite the employment under the Public Sector Management
                 Act 1994 of ministerial officers for the purpose of assisting the
25               Minister to perform functions that the Minister performs
                 through the Ministerial Body, the Ministerial Body and those
                 officers are not an organisation for the purposes of that Act.



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                                     Children and Community Services Bill 2003
                                           Administrative matters       Part 3
                       The Community Development Ministerial Body  Division 2
                                                                          s. 20



     20.         Execution of documents by the Ministerial Body
           (1)   The Ministerial Body is to have a common seal.
           (2)   A document is duly executed by the Ministerial Body if --
                  (a) the common seal of the Ministerial Body is affixed to it
5                      in accordance with subsections (3) and (4);
                  (b) it is signed on behalf of the Ministerial Body by the
                       Minister; or
                  (c) it is signed on behalf of the Ministerial Body, as
                       authorised under subsection (5), by the CEO or another
10                     person.
           (3)   The common seal of the Ministerial Body is not to be affixed to
                 a document except as authorised by the Ministerial Body.
           (4)   The common seal of the Ministerial Body is to be affixed to a
                 document in the presence of the Minister, and the Minister is to
15               sign the document to attest that the common seal was so affixed.
           (5)   The Ministerial Body may, by writing under its common seal,
                 authorise the CEO or another officer to sign documents on
                 behalf of the Ministerial Body, either generally or subject to any
                 conditions or restrictions specified in the authorisation.
20         (6)   A document purporting to be executed in accordance with this
                 section is to be presumed to be duly executed until the contrary
                 is shown.
           (7)   A document executed by the CEO or another person under this
                 section without the common seal of the Ministerial Body is not
25               to be regarded as a deed unless it is executed as a deed as
                 authorised under subsection (5).
           (8)   When a document is produced bearing a seal purporting to be
                 the common seal of the Ministerial Body, it is to be presumed
                 that the seal is the common seal of the Ministerial Body until
30               the contrary is shown.



                                                                           page 17
     Children and Community Services Bill 2003
     Part 3         Administrative matters
     Division 3     The CEO
     s. 21



           (9)   For the purposes of this Act, a facsimile of --
                  (a) the Ministerial Body's common seal; or
                  (b) the signature of the Minister or a person authorised
                         under subsection (5) to execute deeds or other
5                        documents,
                 may be used, and a deed or other document purporting to be
                 endorsed with such a facsimile is, until the contrary is shown, to
                 be regarded as bearing the facsimile under this subsection.

                               Division 3 -- The CEO
10   21.         Functions of CEO
           (1)   The functions of the CEO include --
                  (a) to consider and initiate, or assist in, the provision of
                        social services to children, other individuals, families
                        and communities;
15                (b) to take, or cause to be taken, any action, not inconsistent
                        with this Act, in respect of a child or a class or group of
                        children that the CEO considers reasonably necessary
                        for the purpose of safeguarding or promoting the
                        wellbeing of the child or children concerned;
20                (c) to provide, and where appropriate, manage facilities
                        (including land, buildings and other property) for
                        purposes consistent with the objects of this Act;
                  (d) to establish procedures for dealing with complaints
                        about social services provided under this Act or
25                      otherwise relating to the administration of this Act;
                  (e) to promote, encourage, conduct and publish research on
                        matters relating to the objects of this Act; and
                   (f) to collect and publish, or assist in the collection and
                        publication of, information and statistics on matters
30                      relating to the objects of this Act.




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                                       Children and Community Services Bill 2003
                                             Administrative matters       Part 3
                                                          The CEO    Division 3
                                                                            s. 22



           (2)   In performing functions under this Act and in assisting the
                 Minister in the administration of this Act, the CEO must have
                 regard to --
                   (a) the need to promote the wellbeing of children, other
5                        individuals, families and communities;
                   (b) the need to encourage a collaborative approach between
                         public authorities, non-government agencies and
                         families --
                            (i) in the provision of social services directed
10                               towards strengthening families and communities
                                 and maximising the wellbeing of children and
                                 other individuals; and
                           (ii) in responding to child abuse and neglect;
                   (c) the need to promote diversity and increased participation
15                       in community life, giving particular consideration to the
                         interests and aspirations of --
                            (i) children and other young people;
                           (ii) Aboriginal people and Torres Strait Islanders;
                          (iii) people from culturally or linguistically diverse
20                               backgrounds;
                          (iv) people with disabilities; and
                           (v) women and men of all ages as distinct groups
                                 within society;
                   (d) the need to promote the development and strengthening
25                       of families and communities so that they have the
                         capacity to achieve self-reliance and to provide for the
                         care and wellbeing of their members.

     22.         Cooperation and assistance
           (1)   In performing functions under this Act, the CEO must
30               endeavour to work in cooperation with public authorities,
                 non-government agencies and service providers.



                                                                          page 19
     Children and Community Services Bill 2003
     Part 3         Administrative matters
     Division 3     The CEO
     s. 23



           (2)   The CEO must promote the establishment, implementation and
                 regular review of procedures that facilitate such cooperation
                 particularly in relation to the protection and care of children and
                 the provision of financial or other assistance.
5          (3)   If the CEO considers that a public authority or service provider
                 can, by taking specified action, assist in the performance of
                 functions under this Act, the CEO may request the assistance of
                 that authority or provider, specifying the action that is sought.
           (4)   A public authority or service provider must endeavour to
10               comply with a request under subsection (3) if compliance is
                 consistent with its duties and responsibilities and does not
                 unduly prejudice the performance of its functions.
           (5)   Nothing in this section is to be taken to limit the operation of
                 section 23.

15   23.         Exchange of information
           (1)   In this section --
                 "corresponding authority" means a person or body in another
                      State or a Territory, or another country, that has functions
                      corresponding to those of the CEO under this Act;
20               "interested person" means a person or body who or which, in
                      the opinion of the CEO, has a direct interest in the
                      wellbeing of a child or a class or group of children;
                 "relevant information" means information that, in the opinion
                      of the CEO, is, or is likely to be, relevant to --
25                    (a) the wellbeing of a child or a class or group of
                             children; or
                      (b) the performance of a function under this Act.
           (2)   The CEO or an authorised officer may disclose relevant
                 information to a public authority, a corresponding authority, a
30               service provider or an interested person.




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                                       Children and Community Services Bill 2003
                                             Administrative matters       Part 3
                                                          The CEO    Division 3
                                                                            s. 24



           (3)   The CEO or an authorised officer may request a public
                 authority, a corresponding authority, a service provider or an
                 interested person who or which holds relevant information to
                 disclose the information to the CEO or authorised officer, as the
5                case requires.
           (4)   A public authority, a service provider or an interested person
                 may comply with a request under subsection (3) despite any law
                 of this State relating to secrecy or confidentiality.
           (5)   If information is disclosed, in good faith, under subsection (2)
10               or in compliance with a request under subsection (3) --
                   (a) no civil or criminal liability is incurred in respect of the
                         disclosure;
                   (b) the disclosure is not to be regarded as a breach of any
                         duty of confidentiality or secrecy imposed by law; and
15                 (c) the disclosure is not to be regarded as a breach of
                         professional ethics or standards or as unprofessional
                         conduct.
           (6)   The CEO must establish procedures for the disclosure of
                 information under subsection (2).
20         (7)   The regulations may include provisions about --
                  (a) the receipt and storage of information disclosed under
                        this section; and
                  (b) the restriction of access to such information.

     24.         Delegation by CEO
25         (1)   The CEO may delegate to an officer or other person any power
                 or duty of the CEO under another provision of this Act.
           (2)   The delegation must be in writing signed by the CEO.
           (3)   A person to whom a power or duty is delegated under this
                 section cannot delegate that power or duty.



                                                                            page 21
     Children and Community Services Bill 2003
     Part 3         Administrative matters
     Division 4     Authorised officers
     s. 25



           (4)   A person exercising or performing a power or duty that has been
                 delegated to the person under this section, is to be taken to do so
                 in accordance with terms of the delegation unless the contrary is
                 shown.
5          (5)   Nothing in this section limits the ability of the CEO to perform
                 a function through an officer or agent.

                          Division 4 -- Authorised officers
     25.         Appointment of authorised officers
                 The CEO may appoint officers as authorised officers --
10                (a) generally for the purposes of this Act; or
                  (b) for the purposes of provisions of the Act specified in the
                       appointment.

     26.         Identity cards
           (1)   The CEO must ensure that each authorised officer is issued with
15               an identity card in a form approved by the CEO.
           (2)   An authorised officer must produce his or her identity card
                 whenever asked to do so by a person in respect of whom the
                 officer has exercised, is exercising, or is about to exercise, a
                 power under this Act.
20         (3)   In any proceedings the production by an authorised officer of
                 his or her identity card is conclusive evidence of his or her
                 appointment under section 25.

                            Division 5 -- Advisory bodies
     27.         Establishment of advisory bodies
25         (1)   In this section --
                 "advisory body" means a body established under
                     subsection (2).



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                                 Children and Community Services Bill 2003
                                       Administrative matters       Part 3
                                             Advisory bodies   Division 5
                                                                      s. 27



     (2)   The Minister may establish one or more bodies to provide
           advice or assistance to the Minister or the CEO on matters
           relevant to the operation or administration of this Act.
     (3)   Subsection (2) does not authorise the Minister to establish a
5          body corporate.
     (4)   An advisory body is to consist of such people as the Minister
           thinks fit.
     (5)   An advisory body is to be established by an instrument signed
           by the Minister that --
10           (a) identifies the members of the body and the length and
                  conditions of each of their appointments;
            (b) sets out the duties and responsibilities of the body; and
             (c) sets out any other matters in relation to the operation of
                  the body that the Minister considers appropriate.
15   (6)   The Minister may, by instrument signed by the Minister, amend
           or cancel an instrument made under subsection (5).
     (7)   The Minister must cause an instrument made under this section
           to be published in the Gazette.
     (8)   Members of an advisory body are entitled to any remuneration
20         and allowances that the Minister may from time to time
           determine on the recommendation of the Minister for Public
           Sector Management.




                                                                     page 23
     Children and Community Services Bill 2003
     Part 4         Protection and care of children
     Division 1     Introductory matters
     s. 28



                 Part 4 -- Protection and care of children
                         Division 1 -- Introductory matters
     28.         When child is in need of protection
           (1)   In this section --
5                "neglect" includes failure by a child's parents to provide,
                     arrange, or allow the provision of --
                     (a) adequate care for the child; or
                     (b) effective medical, therapeutic or remedial treatment
                           for the child.
10         (2)   For the purposes of this Part a child is "in need of protection"
                 if --
                    (a) the child has been abandoned by his or her parents and,
                         after reasonable inquiries --
                            (i) the parents cannot be found; and
15                         (ii) no suitable adult relative or other suitable adult
                                 can be found who is willing and able to care for
                                 the child;
                    (b) the child's parents are dead or incapacitated and, after
                         reasonable inquiries, no suitable adult relative or other
20                       suitable adult can be found who is willing and able to
                         care for the child;
                    (c) the child has suffered, or is likely to suffer, harm as a
                         result of sexual abuse and the child's parents have not
                         protected, or are unlikely or unable to protect, the child
25                       from harm, or further harm, of that kind;
                   (d) the child has suffered, or is likely to suffer, significant
                         harm as a result of any one or more of the following --
                            (i) physical abuse;
                           (ii) emotional abuse;
30                        (iii) psychological abuse;


     page 24
                                        Children and Community Services Bill 2003
                                       Protection and care of children     Part 4
                                                  Introductory matters Division 1
                                                                             s. 29



                          (iv) neglect,
                         and the child's parents have not protected, or are
                         unlikely or unable to protect, the child from harm, or
                         further harm, of that kind; or
5                  (e)   the child has suffered, or is likely to suffer, significant
                         harm as a result of --
                            (i) the child's parents being unable to provide, or
                                 arrange the provision of, adequate care for the
                                 child; or
10                         (ii) the child's parents being unable to provide, or
                                 arrange the provision of, effective medical,
                                 therapeutic or other remedial treatment for the
                                 child.

     29.         Provisional protection and care: meaning and effect
15         (1)   A reference in this Part to a child being in, taken into, or placed
                 in, provisional protection and care is a reference to the child
                 being in, taken into, or placed in, the care of the CEO.
           (2)   If a child is in provisional protection and care, the CEO, subject
                 to any interim order, has the right to make decisions about the
20               day-to-day care, welfare and development of the child,
                 including, without limitation, decisions about any medical or
                 dental examination, treatment or procedure in respect of the
                 child.
           (3)   A child ceases to be in provisional protection and care if --
25                 (a)   the child is returned to or placed in the care of a person
                         under section 38(2);
                  (b)    the Court makes an interim order under
                         section 133(2)(a) that the child be returned to or placed
                         with a parent of the child;
30                 (c)   the Court makes an interim order under
                         section 133(2)(c); or



                                                                              page 25
     Children and Community Services Bill 2003
     Part 4         Protection and care of children
     Division 2     Powers available to safeguard or promote child's wellbeing
     s. 30



                  (d)    the Court makes a protection order in respect of the
                         child or refuses to make such an order.

     30.         Child in the CEO's care
                 For the purposes of this Part a child is "in the CEO's care" if
5                the child --
                   (a) is in provisional protection and care;
                   (b) is the subject of a protection order (time-limited) or
                         protection order (until 18);
                   (c) is the subject of a negotiated placement agreement; or
10                 (d) is provided with placement services under
                         section 32(1)(a).

            Division 2 -- Powers available to safeguard or promote
                             child's wellbeing

                        Subdivision 1 -- General powers of CEO

15   31.         CEO may cause inquiries to be made about child
                 If the CEO receives information that raises concerns about a
                 child's wellbeing, the CEO may cause any inquiries to be made
                 that the CEO considers reasonably necessary for the purpose of
                 determining whether action should be taken to safeguard or
20               promote the child's wellbeing.

     32.         Further action by CEO
           (1)   If the CEO determines that action should be taken to safeguard
                 or promote a child's wellbeing, the CEO must do any one or
                 more of the following --
25                 (a) provide, or arrange for the provision of, social services
                         to the child and, if appropriate, a parent or other relative
                         of the child;




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            (b)    arrange or facilitate a meeting between an officer and
                   any one or more of the following people --
                      (i) a parent or other relative of the child;
                     (ii) a person who is significant in the child's life;
5                   (iii) a representative of a service provider;
                    (iv) a representative of a public authority,
                   for the purpose of developing a plan to address the
                   ongoing needs of the child in a way that ensures the best
                   outcome for the child;
10          (c)    enter into a negotiated placement agreement in respect
                   of the child;
            (d)    cause an investigation to be conducted by an authorised
                   officer for the purpose of ascertaining whether the child
                   may be in need of protection;
15          (e)    take, or cause to be taken, intervention action in respect
                   of the child;
             (f)   take, or cause to be taken, any other action in respect of
                   the child that the CEO considers reasonably necessary.
     (2)   In subsection (1)(e) --
20         "intervention action" means action that involves --
                (a) making an application for a warrant (provisional
                      protection and care) under section 35;
                (b) taking the child into provisional protection and care
                      under section 37; or
25              (c) making a protection application.




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                  Subdivision 2 -- Powers relating to investigation

     33.         Access to child for purposes of investigation
           (1)   If, in the course of an investigation referred to in
                 section 32(1)(d), an authorised officer believes on reasonable
5                grounds that --
                    (a) it is in the best interests of the child for the officer to
                          have access to the child before the child's parents
                          become aware of the investigation; or
                   (b) if the child's parents were to know in advance about the
10                        proposed access, the proper and effective conduct of the
                          investigation would be likely to be jeopardised,
                 the authorised officer, without informing the child's parents,
                 may have access to the child at a school, hospital or place where
                 a child care service is provided, and remain at the school,
15               hospital or place, for as long as the officer reasonably considers
                 necessary for the purposes of the investigation.
           (2)   Before exercising the power in subsection (1), the authorised
                 officer must notify the person in charge of the school, hospital
                 or place of his or her intention to exercise the power.
20         (3)   As soon as practicable after the authorised officer has had
                 access to the child, the officer must inform at least one of the
                 child's parents that the officer has had such access and the
                 reasons for it.
           (4)   An authorised officer does not have to comply with
25               subsection (3) if --
                   (a) the officer believes on reasonable grounds that a person
                         may be charged with an offence involving harm to the
                         child and the officer's compliance with the subsection
                         may jeopardise an investigation of the offence;
30                 (b) the officer believes on reasonable grounds that
                         compliance with the subsection may expose the child to
                         harm or a risk of harm; or


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                   (c)    the child has requested that the child's parents not be
                          informed and the officer believes on reasonable grounds
                          that it is in the best interests of the child to comply with
                          the request.

 5   34.         Warrant (access)
           (1)   An authorised officer may apply to a magistrate for a warrant
                 (access) if, in the course of an investigation referred to in
                 section 32(1)(d), the officer --
                   (a) is denied access to a child;
10                 (b) believes that he or she will be denied such access; or
                   (c) is unable to obtain entry to a place where the officer
                         suspects the child to be.
           (2)   An application under subsection (1) must be made in
                 accordance with section 120.
15         (3)   On an application under subsection (1) a magistrate may issue a
                 warrant (access) if the magistrate is satisfied --
                  (a) as to a matter referred to in subsection (1)(a) or (c); or
                  (b) that there are reasonable grounds for the authorised
                        officer to have the belief referred to in subsection (1)(b).
20               Note: Section 121 contains provisions about the effect of a warrant (access).

                   Subdivision 3 -- Provisional protection and care

     35.         Warrant (provisional protection and care)
           (1)   An authorised officer who believes that a child is in need of
                 protection may apply to a magistrate for a warrant (provisional
25               protection and care) if the officer --
                   (a) is unable to find the child;
                   (b) believes that leaving the child at the place where the
                         child is living poses an unacceptable risk to the child's
                         wellbeing; or


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                   (c)    believes that if a parent of the child or other person
                          becomes aware of a proposed protection application in
                          respect of the child, the child will be moved from the
                          place where the child is living and the officer will be
 5                        unable to find the child.
           (2)   An application under subsection (1) must be made in
                 accordance with section 120.
           (3)   On an application under subsection (1) a magistrate may issue a
                 warrant (provisional protection and care) if the magistrate is
10               satisfied --
                   (a) that there are reasonable grounds for the authorised
                          officer to believe that the child is in need of protection;
                          and
                   (b) that --
15                          (i) the authorised officer has been unable to find the
                                  child; or
                           (ii) there are reasonable grounds for the authorised
                                  officer to have a belief referred to in
                                  subsection (1)(b) or (c).
20               Note: Section 123 contains provisions about the effect of a warrant
                       (provisional protection and care).

     36.         Action after child taken into provisional protection and care
                 under warrant
           (1)   This section applies in relation to a child who is taken into
25               provisional protection and care following the execution of a
                 warrant (provisional protection and care) issued under
                 section 35(3).
           (2)   The CEO must make a protection application in respect of the
                 child --
30                 (a) if the child is taken into provisional protection and care
                        in a prescribed area of the State, as soon as practicable
                        after the child is taken into provisional protection and
                        care; or

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                  (b)    otherwise, as soon as practicable, but in any event not
                         more than 2 working days, after the child is taken into
                         provisional protection and care.
           (3)   The Court must endeavour to ensure that the first listing date for
5                the protection application is not more than 3 working days after
                 the application is made.

     37.         Provisional protection and care without warrant if child at
                 immediate and substantial risk
           (1)   In this section --
10               "officer" means an authorised officer or a police officer.
           (2)   An officer may, at any time, take a child into provisional
                 protection and care if the officer suspects on reasonable grounds
                 that there is an immediate and substantial risk to the child's
                 wellbeing.
15         (3)   For the purposes of subsection (1) the officer may --
                  (a) enter, at any time, any place where the officer suspects
                         the child to be; and
                  (b) search the place for the purpose of finding the child.
           (4)   As soon as practicable after a police officer takes a child into
20               provisional protection and care under this section, the police
                 officer must notify the CEO, in a manner approved by the CEO,
                 of his or her action and the reasons for it.
           (5)   An officer does not need a warrant to exercise the powers in this
                 section.
25         (6)   When exercising a power in this section an officer may use
                 reasonable force and assistance.

     38.         Action after child taken into provisional protection and care
                 without warrant
           (1)   This section applies in relation to a child who is taken into
30               provisional protection and care under section 37.

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        (2)    If the CEO decides not to make a protection application or other
               application under this Part in respect of the child, then, subject
               to subsection (3), the CEO must ensure that, as soon as
               practicable after the child is taken into provisional protection
5              and care, the child is returned to or placed in the care of --
                 (a) a parent of the child;
                 (b) a person who was providing day-to-day care for the
                       child at the time the child was taken into provisional
                       protection and care; or
10               (c) with the consent of a parent of the child, any other
                       person.
        (3)    If the child was in the CEO's care immediately before being
               taken into provisional protection and care, the CEO may make
               any arrangement for the care of the child that the CEO considers
15             appropriate.
        (4)    If the CEO decides to make a protection application or other
               application under this Part in respect of the child, the CEO must
               make the application --
                 (a) if the child is taken into provisional protection and care
20                     in a prescribed area of the State, as soon as practicable
                       after the child is taken into provisional protection and
                       care; or
                 (b) otherwise, as soon as practicable, but in any event not
                       more than 2 working days, after the child is taken into
25                     provisional protection and care.
        (5)    If a protection application is made in respect of the child, the
               Court must endeavour to ensure that the first listing date is not
               more than 3 working days after the application is made.




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     39.         Provisional care plan
           (1)   In this section --
                 "provisional care plan" means a written plan that --
                     (a) identifies the needs of the child while the child is in
5                          provisional protection and care;
                     (b) outlines steps or measures to be taken in order to
                           address those needs; and
                     (c) sets out decisions about the care of the child
                           including --
10                            (i) decisions about placement; and
                             (ii) decisions about contact between the child and
                                  a parent, sibling or other relative of the child
                                  or any other person who is significant in the
                                  child's life.
15         (2)   If --
                   (a)   a child is taken into provisional protection and care
                         under this Division; and
                  (b)    the CEO decides, or is required, to make a protection
                         application in respect of the child,
20               the CEO must prepare and implement a provisional care plan
                 for the child within 7 working days after the child is taken into
                 provisional protection and care.
           (3)   The CEO may modify a provisional care plan at any time if the
                 CEO considers that it is appropriate to do so.
25         (4)   As soon as practicable after the CEO prepares or modifies a
                 provisional care plan, the CEO must ensure that a copy of the
                 care plan or modification, as the case requires, is given to --
                   (a) the child;
                   (b) a parent of the child;
30                 (c) any carer of the child; and



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                  (d)    any other person considered by the CEO to have a direct
                         and significant interest in the wellbeing of the child.

                             Subdivision 4 -- Other powers

     40.         Power to keep child under 6 years of age in hospital
5          (1)   In this section --
                 "officer in charge", in relation to a hospital, means the person
                      for the time being in charge of the hospital.
           (2)   If --
                   (a)   a child under 6 years of age is brought to a hospital for
10                       observation, assessment or treatment or is admitted to a
                         hospital; and
                  (b)    the officer in charge believes on reasonable grounds that
                         the child is in need of protection,
                 the officer in charge may keep the child in the hospital for the
15               purpose of observation, assessment or treatment or otherwise to
                 safeguard or promote the wellbeing of the child.
           (3)   A child may be kept in a hospital under subsection (2) whether
                 or not a parent of the child consents to that action.
           (4)   If a child is kept in a hospital under subsection (2), the officer in
20               charge must notify the CEO of that action as soon as
                 practicable.
           (5)   Notification under subsection (4) may be given orally or in
                 writing, but if given orally must be confirmed in writing as soon
                 as practicable after it is given.
25         (6)   The officer in charge may give to the CEO any information
                 relating to the child that the officer in charge reasonably
                 believes is necessary to safeguard or promote the wellbeing of
                 the child.
           (7)   A child must not be kept in a hospital under subsection (2) for
30               more than 2 working days.

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           (8)   A person must not take a child who is being kept in a hospital
                 under subsection (2) from the hospital except with the consent
                 of the CEO or the officer in charge.
                 Penalty: $12 000 and imprisonment for one year.
5          (9)   The officer in charge must consult with the CEO before giving
                 consent for the purposes of subsection (8).
      (10)       It is a defence in proceedings for an offence under
                 subsection (8) to prove that the person charged did not know,
                 and could not reasonably have known, that the child was being
10               kept in the hospital under subsection (2).

     41.         Power to move child to safe place
           (1)   In this section --
                 "officer" means an authorised officer or a police officer;
                 "responsible person", in relation to a child, means --
15                    (a) a parent of the child;
                      (b) an adult relative of the child; or
                      (c) an adult with whom the child usually lives.
           (2)   An officer may move a child to a safe place if the officer finds
                 the child at a place other than the child's usual place of
20               residence and the officer believes on reasonable grounds --
                   (a) that the child is not under the immediate supervision of a
                         parent of the child or an adult capable of adequately
                         supervising the child; and
                   (b) that --
25                          (i) there is a risk to the wellbeing of the child
                                  because of the nature of the place where the child
                                  is found, the behaviour or vulnerability of the
                                  child at that place, or any other circumstance; or
                           (ii) the child is an absentee student as defined in the
30                                School Education Act 1999 section 32.



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        (3)    A lock-up (including a place that is prescribed as a lock-up for
               the purposes of the Court Security and Custodial Services
               Act 1999) is not a safe place for the purposes of subsection (2).
        (4)    An officer does not need a warrant to exercise the power in
5              subsection (2).
        (5)    When exercising the power in subsection (2) an officer may use
               reasonable force and assistance.
        (6)    If, in the exercise of the power in subsection (2), an officer
               moves a child to a place other than the child's usual place of
10             residence or school, the officer must immediately --
                  (a) cause reasonable steps to be taken to contact a
                        responsible person and inform that person --
                           (i) that the child has been moved to a safe place; and
                          (ii) of the location of that place;
15                      and
                 (b) if the officer is a police officer, cause the CEO to be
                        informed of the matters mentioned in paragraph (a)(i)
                        and (ii).
        (7)    If a responsible person is contacted under subsection (6), an
20             officer must immediately cause arrangements to be made for the
               child to be placed in, or returned to, the care of that person.
        (8)    If a responsible person cannot be contacted under
               subsection (6), an officer must immediately cause arrangements
               to be made for the care of the child until the child is placed in,
25             or returned to, the care of a responsible person or otherwise
               dealt with under this Part.
               Note: Division 8 confers certain powers on authorised officers and police
                     officers in relation to children moved to a safe place under this section.




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                           Division 3 -- Protection orders

                         Subdivision 1 -- Introductory matters

     42.         Terms used in this Division
                 In this Division --
5                "child", in relation to a protection order, means the child in
                      respect of whom the order was made;
                 "enduring parental carer" means the person or persons given
                      parental responsibility for a child under a protection order
                      (enduring parental responsibility);
10               "parent", in relation to a child who is the subject of a
                      protection order other than a protection order (supervision),
                      includes any person who would have had parental
                      responsibility for the child if the order had not been made;
                 "party to the initial proceedings", in relation to a protection
15                    order, means a person who was a party to the protection
                      proceedings in which the order was made.

     43.         Protection order
                 A reference in this Part to a protection order is a reference to
                 any of the following types of order --
20                 (a) a protection order (supervision);
                   (b) a protection order (time-limited);
                   (c) a protection order (until 18);
                   (d) a protection order (enduring parental responsibility).

     Subdivision 2 -- Applications for, and making of, protection orders

25   44.         Application for protection order
           (1)   A protection application can only be made by the CEO.
           (2)   A protection application must --
                   (a)   be lodged with the Court;

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                  (b)    specify the type of protection order sought;
                  (c)    state the grounds under section 28(2) on which it is
                         made; and
                  (d)    otherwise comply with any applicable rules of court.
5          (3)   If a protection order (enduring parental responsibility) is sought
                 a protection application must nominate the person or persons to
                 whom parental responsibility for the child is proposed to be
                 given.
           (4)   When a protection application is lodged, the Court must fix the
10               day, time and place for the Court to first deal with the
                 application.
           (5)   As soon as practicable after lodging a protection application, the
                 CEO must give a copy of it to --
                  (a) the child;
15                (b) a parent of the child; and
                  (c) any other person considered by the CEO to have a direct
                        and significant interest in the wellbeing of the child.
           (6)   Each copy of a protection application given under subsection (5)
                 must be accompanied by notice of the first listing date.

20   45.         Court may make protection order
                 If, on a protection application, the Court finds that the child is in
                 need of protection the Court may, subject to this Part --
                    (a) make the protection order sought in respect of the child;
                          or
25                 (b) make another protection order in respect of the child.

     46.         No order principle
                 The Court must not, on a protection application, make a
                 protection order in respect of a child unless the Court is satisfied
                 that making the order would be better for the child than making
30               no order at all.

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                   Subdivision 3 -- Protection orders (supervision)

     47.         Protection order (supervision)
           (1)   A protection order (supervision) is an order providing for the
                 supervision of the wellbeing of a child by the CEO for the
5                period specified in the order.
           (2)   A protection order (supervision) does not affect the parental
                 responsibility of any person for the child except to the extent (if
                 any) necessary to give effect to the order.

     48.         Duration of protection order (supervision)
10         (1)   A protection order (supervision) remains in force for the period
                 specified in it unless it is extended under section 49 or revoked
                 under Subdivision 7.
           (2)   The period specified in the order must not exceed 2 years and
                 must end before the child reaches 18 years of age.

15   49.         Extension of protection order (supervision)
           (1)   The CEO may apply to the Court for the extension of a
                 protection order (supervision).
           (2)   If an application under subsection (1) is made but not
                 determined before the end of the period referred to in
20               section 48(1), the order remains in force until the application is
                 determined.
           (3)   On an application under subsection (1) the Court may, if
                 satisfied that it is in the best interests of the child to do so,
                 extend the order for a period not exceeding 2 years that ends
25               before the child reaches 18 years of age.
           (4)   A protection order (supervision) must not be extended more
                 than once under this section.
           (5)   If, on an application under subsection (1), the Court is satisfied
                 that each party to the initial proceedings consents to the


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                 application, the Court may extend the order in the absence of
                 the parties.
           (6)   The reference in subsection (5) to each party to the initial
                 proceedings does not include the child unless --
5                  (a) the child has legal representation; or
                   (b) the Court is satisfied that the child has sufficient
                        maturity and understanding to give consent.

     50.         Conditions of protection order (supervision)
           (1)   It is a condition of every protection order (supervision) that a
10               parent of the child keeps the CEO informed about where the
                 child is living.
           (2)   A protection order (supervision) may include conditions to be
                 complied with by --
                   (a) the child if, in the opinion of the Court, the child is able
15                      to understand the condition;
                   (b) a parent of the child; or
                   (c) an adult with whom the child is living.
           (3)   A protection order (supervision) must not include a condition
                 about --
20                 (a) the person or persons with whom the child is to live,
                        unless the condition relates to the child living with a
                        parent of the child specified in the order; or
                   (b) who is to have responsibility for the day-to-day care,
                        welfare and development of the child.

25   51.         Variation of conditions of protection order (supervision)
           (1)   In this section --
                 "condition" means a condition of a protection order
                      (supervision) other than the condition referred to in
                      section 50(1).



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           (2)   A party to the initial proceedings may apply to the Court for the
                 variation, addition or substitution of a condition.
           (3)   On an application under subsection (2) the Court may --
                  (a) vary a condition in any manner that the Court considers
5                       appropriate; or
                  (b) add or substitute a condition.
           (4)   The Court must not grant an application under subsection (2)
                 unless it is satisfied that --
                   (a) new facts or circumstances have arisen since the
10                       condition was imposed or last varied, as the case may
                         be; or
                  (b) each party to the initial proceedings consents to the
                         application.
           (5)   The reference in subsection (4)(b) to each party to the initial
15               proceedings does not include the child unless --
                   (a) the child has legal representation; or
                   (b) the Court is satisfied that the child has sufficient
                        maturity and understanding to give consent.

     52.         Authorised officer entitled to have access to child
20         (1)   While a protection order (supervision) is in force in respect of a
                 child, an authorised officer may have access to the child at any
                 reasonable time.
           (2)   An authorised officer may apply to a magistrate for a warrant
                 (access) if the officer --
25                 (a) is denied access to the child; or
                   (b) is unable to find the child for the purposes of access.
           (3)   An application under subsection (2) must be made in
                 accordance with section 120.




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           (4)   On an application under subsection (2) a magistrate may issue a
                 warrant (access) if the magistrate is satisfied as to a matter
                 referred to in subsection (2)(a) or (b).
                 Note: Section 121 contains provisions about the effect of a warrant (access).

5    53.         Provision of social services
                 While a protection order (supervision) is in force in respect of a
                 child the CEO must ensure that the child and the child's parents
                 are provided with any social services that the CEO considers
                 appropriate.

10                 Subdivision 4 -- Protection orders (time-limited)

     54.         Protection order (time-limited)
           (1)   A protection order (time-limited) is an order giving the CEO
                 parental responsibility for a child for the period specified in the
                 order.
15         (2)   While a protection order (time-limited) is in force in respect of a
                 child the CEO has parental responsibility for the child to the
                 exclusion of any other person.

     55.         Duration of protection order (time-limited)
           (1)   A protection order (time-limited) remains in force for the period
20               specified in the order unless it is extended or revoked under
                 section 56 or revoked under Subdivision 7.
           (2)   The period specified in the order must not exceed 2 years and
                 must end before the child reaches 18 years of age.

     56.         Extension of protection order (time-limited)
25         (1)   The CEO may apply to the Court for the extension of a
                 protection order (time-limited).
           (2)   An application under subsection (1) may be made at any time
                 while the order is in force but only after a review of the care
                 plan for the child has been carried out under section 90.

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           (3)   If an application under subsection (1) is made but not
                 determined before the day on which the order would otherwise
                 expire, the order remains in force until the application is
                 determined.
5          (4)   On an application under subsection (1) the Court may, if
                 satisfied that it is in the best interests of the child to do so --
                   (a) extend the order for a period not exceeding 2 years that
                          ends before the child reaches 18 years of age; or
                   (b) revoke the order and, subject to this Part, make another
10                        protection order in respect of the child.
           (5)   A protection order (time-limited) may be extended more than
                 once under this section.
           (6)   If, on an application under subsection (1), the Court is satisfied
                 that each party to the initial proceedings consents to the
15               application, the Court may extend the order in the absence of
                 the parties.
           (7)   The reference in subsection (6) to each party to the initial
                 proceedings does not include the child unless --
                   (a) the child has legal representation; or
20                 (b) the Court is satisfied that the child has sufficient
                        maturity and understanding to give consent.

                     Subdivision 5 -- Protection orders (until 18)

     57.         Protection order (until 18)
           (1)   A protection order (until 18) is an order giving the CEO parental
25               responsibility for a child until the child reaches 18 years of age.
           (2)   While a protection order (until 18) is in force in respect of a
                 child the CEO has parental responsibility for the child to the
                 exclusion of any other person.




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     58.         Restriction on making protection order (until 18)
                 The Court must not make a protection order (until 18) in respect
                 of a child unless the Court is satisfied that long-term
                 arrangements should be made for the wellbeing of the child.

5    59.         Duration of protection order (until 18)
                 A protection order (until 18) remains in force until the child
                 reaches 18 years of age unless it is revoked under Subdivision 7.

     Subdivision 6 -- Protection orders (enduring parental responsibility)

     60.         Protection order (enduring parental responsibility)
10         (1)   A protection order (enduring parental responsibility) is an order
                 giving a natural person, or 2 natural persons jointly, parental
                 responsibility for a child until the child reaches 18 years of age.
           (2)   A protection order (enduring parental responsibility) cannot
                 give parental responsibility for a child to the CEO or a parent of
15               the child.
           (3)   While a protection order (enduring parental responsibility) is in
                 force in respect of a child the enduring parental carer has
                 parental responsibility for the child to the exclusion of any other
                 person.

20   61.         Restriction on making protection order (enduring parental
                 responsibility)
           (1)   In this section --
                 "proposed carer" means --
                     (a) if the protection order (enduring parental
25                        responsibility) is sought by the CEO, a person
                          nominated under section 44(3) or 68(3); or
                     (b) in any other case, a person to whom parental
                          responsibility for the child is proposed to be given
                          under the protection order (enduring parental
30                        responsibility).

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           (2)   The Court must not make a protection order (enduring parental
                 responsibility) in respect of a child unless the Court is
                 satisfied --
                   (a) that long-term arrangements should be made for the
5                         wellbeing of the child; and
                   (b) that, having regard to the report mentioned in
                          subsection (3), the proposed carer or each proposed
                          carer is --
                            (i) a suitable person to provide long-term care for
10                                the child; and
                           (ii) willing and able to provide such care.
           (3)   The CEO must provide the Court with a written report that --
                  (a) contains information addressing the matters referred to
                       in subsection (2)(b)(i) and (ii); and
15                (b) outlines the proposed arrangements for the wellbeing of
                       the child.
           (4)   If the child is an Aboriginal child or a Torres Strait Islander
                 child, the Court must, in assessing the suitability of a proposed
                 carer for the purposes of subsection (2)(b), have regard to the
20               Aboriginal and Torres Strait Islander child placement principle
                 set out in section 12.
           (5)   If the child is from a culturally or linguistically diverse
                 background, the Court must, in assessing the suitability of a
                 proposed carer for the purposes of subsection (2)(b), have
25               regard to any guidelines established under section 80.

     62.         Duration of protection order (enduring parental
                 responsibility)
                 A protection order (enduring parental responsibility) remains in
                 force until the child reaches 18 years of age unless it is revoked
30               under Subdivision 7.




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     Division 3     Protection orders
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     63.         Conditions of protection order (enduring parental
                 responsibility)
           (1)   A protection order (enduring parental responsibility) may
                 include conditions about contact between the child and another
5                person.
           (2)   A protection order (enduring parental responsibility) must not
                 include any other conditions.

     64.         Variation of conditions of protection order (enduring
                 parental responsibility)
10         (1)   In this section --
                 "condition" means a condition referred to in section 63(1).
           (2)   A party to the initial proceedings may apply to the Court for the
                 variation, addition or substitution of a condition.
           (3)   On an application under subsection (2) the Court may --
15                (a) vary a condition in any manner that the Court considers
                        appropriate; or
                  (b) add or substitute a condition.
           (4)   The Court must not grant an application under subsection (2)
                 unless it is satisfied that --
20                 (a) new facts or circumstances have arisen since the
                         condition was imposed or last varied, as the case may
                         be; or
                  (b) each party to the initial proceedings consents to the
                         application.
25         (5)   The reference in subsection (4)(b) to each party to the initial
                 proceedings does not include the child unless --
                   (a) the child has legal representation; or
                   (b) the Court is satisfied that the child has sufficient
                        maturity and understanding to give consent.



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     65.         Court may order payments to enduring parental carer
           (1)   On the making of a protection order (enduring parental
                 responsibility), or at any time while such an order is in force,
                 the Court may, on the application of a party to the initial
5                proceedings, order the CEO to pay to the enduring parental
                 carer amounts in accordance with the prescribed scale at such
                 intervals as are prescribed.
           (2)   The CEO must give effect to an order made under
                 subsection (1).
10         (3)   The Court may, on the application of a party to the initial
                 proceedings, revoke an order made under subsection (1).
           (4)   For the purposes of this section, the regulations --
                  (a) are to prescribe the scale of amounts payable;
                  (b) may prescribe different amounts for different classes of
15                       children; and
                  (c) are to prescribe the intervals at which payments are to be
                         made.

     66.         Provision of social services
                 Without limiting section 21(1)(a), while a protection order
20               (enduring parental responsibility) is in force in respect of a child
                 the CEO may cause the child and the enduring parental carer to
                 be provided with any social services that the CEO considers
                 appropriate.

      Subdivision 7 -- Revocation and replacement of protection orders

25   67.         Revocation of protection order
           (1)   A party to the initial proceedings may apply to the Court for the
                 revocation of a protection order.




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     Division 3     Protection orders
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           (2)   On an application under subsection (1) the Court may, if
                 satisfied that it is in the best interests of the child to do so --
                   (a) confirm the order;
                   (b) revoke the order; or
5                  (c) revoke the order and, subject to this Part, make another
                          protection order in respect of the child.

     68.         Replacement of protection order
           (1)   The CEO may apply to the Court for the revocation of a
                 protection order and the making of another protection order in
10               respect of the child.
           (2)   An application under subsection (1) must specify the type of
                 protection order sought.
           (3)   If a protection order (enduring parental responsibility) is sought
                 an application under subsection (1) must nominate the person or
15               persons to whom parental responsibility for the child is
                 proposed to be given.
           (4)   On an application under subsection (1) the Court may, if
                 satisfied that it is in the best interests of the child to do so --
                   (a) confirm the order; or
20                 (b) revoke the order and, subject to this Part, make the
                          protection order sought or another protection order in
                          respect of the child.

                                Subdivision 8 -- General

     69.         Applications for extension, variation, revocation or
25               replacement of protection orders
           (1)   This section applies to an application under this Division for the
                 extension, variation, revocation or replacement of a protection
                 order.




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           (2)   The application must --
                  (a) be lodged with the Court; and
                  (b) comply with any applicable rules of court.
           (3)   When the application is lodged, the Court must fix the day, time
5                and place for the hearing of the application.
           (4)   The applicant must, as soon as practicable after lodging the
                 application, give a copy of it to all other parties to the initial
                 proceedings.
           (5)   Each copy of the application given under subsection (4) must be
10               accompanied by notice of the day, time and place fixed under
                 subsection (3).

     70.         Form of protection order
           (1)   A protection order must be in writing and must state the child's
                 name and date of birth.
15         (2)   A protection order, if made on a protection application, must
                 state the basis under section 28 for finding that the child is in
                 need of protection.

     71.         Child's date of birth
           (1)   In the absence of evidence of the child's date of birth, the Court
20               must determine a date of birth for the child for the purposes of
                 section 70(1).
           (2)   The date of birth of a child stated in a protection order is to be
                 taken to be the child's date of birth for the purposes of this Act
                 unless the Court otherwise determines.

25   72.         Parties to proceedings to be given copy of protection order
                 If the Court makes a protection order it must take all reasonable
                 steps to ensure that each party is given a copy of the order.




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     Division 3     Protection orders
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     73.         Maintenance of children under certain orders
           (1)   In this section --
                 "relevant person" means --
                      (a) if the order concerned is a protection order
5                          (time-limited) or a protection order (until 18), the
                           CEO; or
                      (b) if the order concerned is a protection order (enduring
                           parental responsibility), the enduring parental carer.
           (2)   On the making of a protection order (time-limited), protection
10               order (until 18) or protection order (enduring parental
                 responsibility) in respect of a child, or at any time while such an
                 order is in force, the Court may, on the application of a party to
                 the initial proceedings, order a parent of the child who is able to
                 pay for, or contribute towards, the maintenance of the child to
15               pay to the relevant person --
                   (a) any amount for the past maintenance of the child by the
                          relevant person; and
                   (b) any amount, or such periodical amounts, for the future
                          maintenance of the child by the relevant person,
20               that the Court considers appropriate.
           (3)   The Court may make an order under subsection (2) in the
                 absence of the parent concerned if it is satisfied that the parent
                 has received adequate notice of the application.
           (4)   If an order is made under subsection (2), the Court must cause a
25               certified copy of the order to be sent to --
                   (a) the Family Court; or
                   (b) a court of a kind referred to in the Family Court
                          Act 1997 section 39(a) that can, under that section,
                          exercise the Family Court's non-federal jurisdictions,
30               whichever is nearest to the place at which the order was made,
                 for registration in accordance with the Family Court Act 1997
                 and the order, when so registered, is to be taken for all purposes

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                                               Negotiated placement   Division 4
                                                                            s. 74



                 to be an order made under that Act by the Family Court or the
                 court referred to in paragraph (b), as the case requires.

                        Division 4 -- Negotiated placement
     74.         Meaning of "child"
5                In this Division --
                 "child", in relation to a negotiated placement agreement, means
                     the child in respect of whom the agreement is made.

     75.         Negotiated placement agreement
           (1)   Where the parents of a child are unable to care for the child, the
10               parents acting together and the CEO may enter into an
                 agreement under which the CEO is required to make a
                 placement arrangement for the child.
           (2)   The parents of the child acting together and the CEO may, at
                 any time before the expiry or termination of a negotiated
15               placement agreement, extend the agreement.
           (3)   Despite the requirement in subsections (1) and (2) for the
                 parents of the child to act together, a negotiated placement
                 agreement may be entered into or extended by a parent of the
                 child if --
20                 (a) after reasonable inquiries any other parent of the child
                          cannot be found;
                   (b) any other parent of the child has failed to respond within
                          a reasonable time to a request that he or she enter into or
                          extend a negotiated placement agreement;
25                 (c) any other parent of the child does not have ongoing
                          contact with the child; or
                   (d) it is not, in all the circumstances of the case, reasonably
                          practicable to request any other parent of the child to
                          enter into or extend a negotiated placement agreement.



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     Division 4     Negotiated placement
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           (4)   In deciding whether to enter into, extend or terminate a
                 negotiated placement agreement, the CEO must take into
                 account any views expressed by the child.
           (5)   The CEO must not enter into or extend a negotiated placement
5                agreement in respect of a child if there are reasonable grounds
                 to believe that the child is in need of protection.
           (6)   A negotiated placement agreement and any extension of the
                 agreement must be --
                   (a) in writing; and
10                 (b) signed by --
                           (i) the CEO; and
                          (ii) the parents of the child or, if subsection (3)
                                applies, the parent who is entering into or
                                extending the agreement.

15   76.         Duration of negotiated placement agreement
                 A negotiated placement agreement has effect for the period
                 specified in the agreement or any extension of the agreement
                 unless it is terminated under section 77.

     77.         Termination of negotiated placement agreement
20               A negotiated placement agreement may be terminated at any
                 time by --
                   (a) the CEO; or
                   (b) a parent of the child (whether or not the parent is a party
                        to the agreement),
25               by written notice given to the parties, or other parties, to the
                 agreement.




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                                      Protection and care of children     Part 4
                                          Children in the CEO's care  Division 5
                                                                            s. 78



                     Division 5 -- Children in the CEO's care

                           Subdivision 1 -- Charter of Rights

     78.         CEO to prepare Charter of Rights
           (1)   Within 12 months after the commencement of this Part, the
5                CEO must prepare a Charter of Rights for all children in the
                 CEO's care.
           (2)   The CEO must promote compliance with the Charter of Rights.
           (3)   The CEO must ensure that all children in the CEO's care are
                 given a copy of the Charter of Rights and written information
10               about it.
           (4)   The CEO must cause the Charter of Rights to be published in a
                 manner that the CEO considers appropriate.
           (5)   The Charter of Rights must be laid before each House of
                 Parliament by the Minister within 6 sitting days after the
15               Charter is published by the CEO.

                        Subdivision 2 -- Placement arrangements

     79.         Power of CEO to arrange placement of child
           (1)   In this section --
                 "child" means a child who is in the CEO's care.
20         (2)   The CEO may make --
                  (a)    an arrangement for the placement of a child --
                           (i) with an individual approved by the CEO in
                                accordance with the regulations;
                          (ii) with a person or body who or which has entered
25                              into an agreement under section 15(1) for the
                                provision of placement services; or




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     Division 5     Children in the CEO's care
     s. 80



                           (iii)   in a residential facility operated or managed by
                                   the Department or another public authority;
                          or
                   (b)    any other arrangement for the placement of the child
5                         that the CEO considers appropriate.
           (3)   The CEO may at any time cancel a placement arrangement
                 made in respect of a child and make another placement
                 arrangement in respect of the child.
           (4)   Without limiting section 248(1), the regulations may make
10               provision for and in relation to the approval of individuals for
                 the purposes of subsection (2)(a)(i).

     80.         Guidelines for placement of certain children
           (1)   Within 12 months after the commencement of this Part, the
                 CEO must establish written guidelines (the "guidelines") to be
15               observed when making placement arrangements for children
                 from culturally or linguistically diverse backgrounds.
           (2)   Without limiting the scope of the guidelines, they are to address
                 the need to preserve and enhance a child's cultural, ethnic and
                 religious identity.
20         (3)   The CEO may amend or replace the guidelines.
           (4)   The guidelines are not to apply to Aboriginal or Torres Strait
                 Islander children.
                 Note: Section 12 sets out the relevant principle relating to the placement of
                       Aboriginal or Torres Strait Islander children.

25   81.         Matters relevant to placement of Aboriginal or Torres Strait
                 Islander children
           (1)   The CEO must ensure that an officer who is an Aboriginal
                 person or a Torres Strait Islander is involved at all relevant
                 times in the making of a placement arrangement in respect of an
30               Aboriginal child or a Torres Strait Islander child.


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           (2)   The CEO must consult with an Aboriginal or Torres Strait
                 Islander agency, approved by the CEO for the purposes of this
                 section, regarding the prospective placement of an Aboriginal
                 child or a Torres Strait Islander child.

5    82.         Payment for care under placement arrangement
                 The CEO may make payments to a person for or in relation to
                 the provision of care for a child under a placement arrangement.

     83.         Inspection of place where child living
                 An authorised officer may, at any time, enter a place where a
10               child is living under a placement arrangement for the purpose of
                 inspecting the place and making any inquiries in relation to the
                 wellbeing of the child that the authorised officer considers
                 appropriate.

     84.         Authorised officer may request carer to hand over child
15               An authorised officer may at any time request a carer of a child
                 to hand over the child to the officer.

     85.         Warrant (apprehension) where child not handed over
           (1)   If a carer does not comply with a request made by an authorised
                 officer under section 84 the officer may apply to a magistrate
20               for a warrant (apprehension).
           (2)   An application under subsection (1) must be made in
                 accordance with section 120.
           (3)   On an application made under subsection (1) a magistrate may
                 issue a warrant (apprehension) if the magistrate is satisfied that
25               the carer has not complied with the request.
                 Note: Section 122 contains provisions about the effect of a warrant
                       (apprehension).




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     Division 5     Children in the CEO's care
     s. 86



     86.         Warrant (apprehension) where child absent or taken
                 without authority
           (1)   If an authorised officer or a police officer believes on
                 reasonable grounds that a child is absent, or has been taken,
5                without lawful authority from a place where the child was living
                 under a placement arrangement the officer may apply to a
                 magistrate for a warrant (apprehension).
           (2)   An application under subsection (1) must be made in
                 accordance with section 120.
10         (3)   On an application made under subsection (1) a magistrate may
                 issue a warrant (apprehension) if the magistrate is satisfied that
                 there are reasonable grounds for the suspicion mentioned in that
                 subsection.
                 Note: Section 122 contains provisions about the effect of a warrant
15                     (apprehension).

     87.         Apprehension without warrant in certain circumstances
           (1)   In this section --
                 "officer" means an authorised officer or a police officer.
           (2)   If an officer suspects on reasonable grounds that --
20                 (a) a child is absent, or has been taken, without lawful
                         authority from a place where the child was living under
                         a placement arrangement; and
                   (b) there is --
                            (i) an immediate or substantial risk to the wellbeing
25                               of the child; or
                           (ii) a significant likelihood that unless the child is
                                 apprehended immediately the officer will not be
                                 able to find the child,
                 the officer may apprehend the child and take the child to the
30               place mentioned in paragraph (a) or such other place as the CEO
                 directs.


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           (3)   For the purposes of subsection (2) an officer may --
                  (a) enter, at any time, any place where the officer
                         reasonably believes the child to be; and
                  (b) search the place for the purpose of finding the child.
5          (4)   An officer does not need a warrant to exercise the powers in this
                 section.
           (5)   When exercising a power under this section an officer may use
                 reasonable force and assistance.
           (6)   Without limiting subsection (5), when exercising a power under
10               this section an authorised officer may be accompanied by a
                 police officer.

                              Subdivision 3 -- Care plans

     88.         Meaning of "parent"
                 In this Subdivision --
15               "parent" has the meaning given to that term in section 42.

     89.         Care plan
           (1)   In this section --
                 "care plan" means a written plan that --
                      (a) identifies the needs of the child;
20                    (b) outlines steps or measures to be taken in order to
                             address those needs; and
                      (c) sets out decisions about the care of the child
                             including --
                                (i) decisions about placement; and
25                             (ii) decisions about contact between the child and
                                    a parent, sibling or other relative of the child
                                    or any other person who is significant in the
                                    child's life.



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     Division 5     Children in the CEO's care
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           (2)   As soon as practicable after a child first comes into the CEO's
                 care, the CEO must prepare and implement a care plan for the
                 child.
           (3)   Subsection (2) does not apply in the case of a child taken into
5                provisional protection and care.
                 Note: Section 39 requires the CEO to prepare and implement a provisional
                       care plan for a child taken into provisional protection and care.

           (4)   The CEO may modify a care plan at any time if the CEO
                 considers that it is appropriate to do so.
10         (5)   Without limiting subsection (4), the CEO must, in the case of a
                 child who is about to leave the CEO's care, modify the care plan
                 for the child so that it --
                   (a) identifies the needs of the child in preparing to leave the
                         CEO's care and in his or her transition to other living
15                       arrangements after leaving the CEO's care; and
                   (b) outlines steps or measures designed to assist the child to
                         meet those needs.
           (6)   As soon as practicable after the CEO prepares or modifies a care
                 plan, the CEO must ensure that a copy of the care plan or
20               modification, as the case requires, is given to --
                   (a) the child;
                   (b) each parent of the child;
                   (c) any carer of the child; and
                   (d) any other person considered by the CEO to have a direct
25                       and significant interest in the wellbeing of the child.

     90.         Review of care plan
           (1)   The CEO must carry out a review of the operation and
                 effectiveness of every care plan at regular intervals not
                 exceeding 12 months.




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           (2)   In the course of the review the CEO must have regard to any
                 views expressed by --
                   (a) the child;
                   (b) a parent of the child; and
5                  (c) any carer of the child.
           (3)   The CEO must prepare a written report on the outcome of the
                 review and must ensure that, where practicable, a copy of the
                 report is given to each of the people mentioned in
                 subsection (2).
10         (4)   The CEO must keep a record of reviews carried out, and reports
                 prepared, under this section in a manner that the CEO considers
                 appropriate.

                 Subdivision 4 -- Review of case planning decisions

     91.         Terms used in this Subdivision
15               In this Subdivision, unless the contrary intention appears --
                 "applicant" means a person who makes an application under
                      section 93(1);
                 "care plan" has the meaning given to that term in section 89(1);
                 "case planning decision", in relation to a child, means a
20                    decision set out in a care plan for the child;
                 "case review panel" means the case review panel established
                      under section 92;
                 "parent" has the meaning given to that term in section 82.

     92.         Case review panel
25         (1)   The CEO must establish a case review panel for the purposes of
                 this Subdivision.
           (2)   The case review panel is to consist of not less than 3 members
                 appointed by the CEO.



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           (3)   The members of the case review panel are to be people who
                 have such experience, skills, attributes or qualifications as the
                 CEO considers appropriate to enable them to effectively
                 perform their review function.
5          (4)   An officer is not eligible to be appointed, or hold office, as a
                 member of the case review panel.
           (5)   The CEO may remove and replace members of the case review
                 panel.
           (6)   The CEO must appoint one of the members of the case review
10               panel to be the chairperson.
           (7)   The CEO may --
                  (a) direct that the members of the case review panel (other
                       than an employee as defined in the Public Sector
                       Management Act 1994 section 3(1)) are to be paid
15                     remuneration or allowances or both; and
                  (b)    determine the amount of any such payments on the
                         recommendation of the Minister for Public Sector
                         Management.
           (8)   The CEO must provide the case review panel with such support
20               services as it may reasonably require.

     93.         Initial review
           (1)   An application for the review of a case planning decision may
                 be made to the CEO by --
                   (a) the child;
25                 (b) a parent of the child; or
                   (c) any other person considered by the CEO to have a direct
                        and significant interest in the wellbeing of the child.
           (2)   The application --
                  (a)    must be in writing; and
30                (b)    must set out the grounds on which a review is sought.


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           (3)   The application must be made within --
                  (a) 14 days after the day on which the applicant received a
                        copy of a care plan or modification of a care plan setting
                        out the relevant case planning decision; or
5                 (b) any longer period that the CEO in special circumstances
                        allows.
           (4)   The CEO must refer the application, together with such other
                 material as the CEO considers relevant, to the case review
                 panel.
10         (5)   On a referral under subsection (4) the case review panel must
                 consider the application and other material (if any) and report to
                 the CEO on its recommendations in respect of the application.
           (6)   The CEO, after considering the report of the case review panel
                 and any other information available to the CEO, must --
15                 (a) confirm, vary or reverse the case planning decision;
                   (b) substitute another decision for the case planning
                        decision; or
                   (c) refer the matter back to the case review panel for further
                        consideration and report.
20         (7)   The CEO must give the applicant written notice of his or her
                 decision under subsection (6) and written reasons for it.
           (8)   If an application is made under subsection (1), the decision that
                 is the subject of the application continues to have effect pending
                 the review unless the CEO otherwise directs.

25   94.         Review of CEO's decision
                 A person who is aggrieved by a decision made by the CEO
                 under section 93(6)(a) or (b) may apply to the State
                 Administrative Tribunal for a review of the decision.




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     Children and Community Services Bill 2003
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     Division 6     Provisions about leaving the CEO's care
     s. 95



     95.         Procedure
           (1)   The CEO may give directions in writing to the case review
                 panel as to its procedure, but otherwise, subject to
                 subsection (2), the case review panel may determine its own
5                procedure.
           (2)   The case review panel must give each applicant a reasonable
                 opportunity to make submissions in respect of the application.

             Division 6 -- Provisions about leaving the CEO's care
     96.         People who qualify for assistance
10               For the purposes of this Division a person qualifies for
                 assistance if --
                   (a) the person has left the CEO's care;
                   (b) the person is under 25 years of age; and
                   (c) the person at any time after the person reached 15 years
15                       of age --
                            (i) was the subject of a protection order
                                (time-limited) or a protection order (until 18);
                           (ii) was the subject of a negotiated placement
                                agreement in force for a continuous period of at
20                              least 6 months; or
                          (iii) was provided with placement services under
                                section 32(1)(a) for a continuous period of at
                                least 6 months.

     97.         Entitlement to personal material
25         (1)   In this section --
                 "personal material", in relation to a child, means --
                      (a) the child's birth certificate;
                      (b) the child's passport;



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                        (c)     any school report or other report relating to the
                                child's education;
                        (d)     any photograph of the child; or
                        (e)     any other document or material relating to the child
5                               that is prescribed, or of a class prescribed, in the
                                regulations.
           (2)   When a child leaves the CEO's care, the child has a right to the
                 possession, free of charge, of any personal material held by the
                 Department or by any person or body who or which has
10               provided care for the child under a placement arrangement.

     98.         Social services
           (1)   The CEO must ensure that a child who leaves the CEO's care is
                 provided with any social services that the CEO considers
                 appropriate having regard to the needs of the child as identified
15               in the care plan for the child under section 89.
           (2)   Subsection (1) does not apply to a child who ceases to be in
                 provisional protection and care.

     99.         Information and advisory services
                 Without limiting section 98, the CEO must ensure that a person
20               who qualifies for assistance is provided with services to assist
                 the person to do any one or more of the following --
                   (a) obtain accommodation;
                   (b) undertake education and training;
                   (c) obtain employment;
25                 (d) obtain legal advice;
                  (e)         access health services;
                  (f)         access counselling services.




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     100.      Financial assistance
        (1)    The CEO may provide a person who qualifies for assistance
               with financial assistance in the form of --
                (a) a contribution to expenses incurred in obtaining,
5                      furnishing and equipping accommodation;
                (b) a contribution to expenses incurred by the person in
                       living near the place where the person is, or will be --
                          (i) employed or seeking employment; or
                         (ii) undertaking education or training;
10                     or
                (c) a grant to enable the person to meet expenses connected
                       with his or her education or training.
        (2)    Financial assistance may be provided under this section on any
               terms and conditions that the CEO considers appropriate.
15      (3)    Without limiting subsection (2), the terms and conditions may
               include provisions as to repayment and the recovery of
               outstanding amounts.

                             Division 7 -- Offences

                       Subdivision 1 -- Children generally

20   101.      Failing to protect child from significant harm
        (1)    A person who has the care or control of a child and who
               engages in conduct --
                 (a) knowing that the conduct may result in the child
                      suffering significant harm as a result of any one or more
25                    of the following --
                         (i) physical abuse;
                        (ii) emotional abuse;
                       (iii) psychological abuse; or



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                      (iv) neglect as defined in section 28(1);
                     or
              (b)    reckless as to whether the conduct may have that result,
             is guilty of a crime, and is liable to imprisonment for 10 years.
5      (2)   A person who has the care or control of a child and who
             engages in conduct --
               (a) knowing that the conduct may result in the child
                    suffering harm as a result of sexual abuse; or
               (b) reckless as to whether the conduct may have that result,
10           is guilty of a crime, and is liable to imprisonment for 10 years.
       (3)   In this section --
             "engage in conduct" means --
                 (a) to do an act; or
                 (b) to omit to do an act.

15   102.    Leaving child unsupervised in vehicle
             A person who has the care or control of a child and who leaves
             the child in a motor vehicle (as defined in the Road Traffic
             Act 1974) without proper supervision for such period or in such
             circumstances that --
20             (a) the child becomes or is likely to become emotionally
                     distressed; or
               (b) the child's health becomes or is likely to become
                     permanently or temporarily impaired,
             is guilty of a crime, and is liable to imprisonment for 5 years.
25           Summary conviction penalty: $36 000 and imprisonment for
                  3 years.




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     103.      Tattooing or branding
               A person must not in any manner tattoo or brand any part of the
               body of a child unless the person has first obtained the written
               consent of a parent of the child to tattoo or brand the child in
5              that manner and on that part of the child's body.
               Penalty: $12 000 and imprisonment for one year.

     104.      Providing long-term care for young children
        (1)    In this section --
               "prescribed period", in relation to --
10                  (a) a child who is under 12 months of age, means
                           one month; or
                    (b) any other young child, means a period of
                           3 consecutive months;
               "provide care", in relation to a young child, means to exercise
15                  responsibility for the day-to-day care, welfare and
                    development of the child;
               "residence order" means a residence order made under the
                    Family Law Act 1975 of the Commonwealth or the Family
                    Court Act 1997;
20             "specific issues order" means a specific issues order made
                    under the Family Law Act 1975 of the Commonwealth or
                    the Family Court Act 1997 which confers responsibility for
                    the day-to-day care, welfare and development of a child;
               "young child" means a child who has not reached an age at
25                  which the child is required to be enrolled in an educational
                    programme under the School Education Act 1999
                    section 9(1).
        (2)    A person must not provide care for a young child for longer
               than the prescribed period unless the person is --
30               (a) a parent of the child;
                 (b) an adult relative of the child;


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                (c)  a carer of the child;
                (d)  a person who has made an application for a residence
                     order or specific issues order in relation to the child, at
                     any time before the application is finally determined;
5               (e) a person in whose favour a residence order or specific
                     issues order has been made in relation to the child, while
                     the order is in force; or
                (f) a person who is providing care for the child in
                     accordance with an approval under subsection (3).
10            Penalty: $12 000 and imprisonment for one year.
       (3)    The CEO may give a person approval to provide care for a
              young child.
       (4)    An approval under subsection (3) --
               (a) must be in writing;
15             (b) has effect for such period not exceeding 12 months as is
                     specified in the approval;
               (c) may be subject to such conditions as the CEO considers
                     appropriate;
               (d) may be revoked at any time; and
20             (e) cannot be renewed.

            Subdivision 2 -- Children under placement arrangements

     105.     Terms used in this Subdivision
       (1)    In this Subdivision --
              "child" means a child who is the subject of a placement
25                 arrangement;
              "place of residence", in relation to a child, means the place
                   where the child lives under a placement arrangement.
       (2)    For the purposes of this Subdivision there is lawful authority for
              an act if --
30              (a) the act is done with the written consent of the CEO;

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                (b)    except in section 106, the act is done by, or with the
                       written consent of, a carer of the child concerned; or
                 (c)   in the case of a child who is the subject of a negotiated
                       placement agreement, the act is done by, or with the
5                      written consent of, a parent of the child.

     106.      Removing child from State
               A person must not, without lawful authority, remove a child, or
               cause or permit a child to be removed, from the State.
               Penalty: $24 000 and imprisonment for 2 years.

10   107.      Removing child from place of residence
        (1)    In this section --
               "another law" means a law of another State or a Territory or
                    New Zealand.
        (2)    A person must not, without lawful authority, remove a child
15             from the child's place of residence.
               Penalty: $12 000 and imprisonment for one year.
        (3)    A person must not, without lawful authority, counsel, induce or
               assist a child to leave the child's place of residence.
               Penalty: $12 000 and imprisonment for one year.
20      (4)    Subsections (2) and (3) apply whether the conduct constituting
               the offence is carried out wholly within or wholly outside the
               State or partly within and partly outside the State.
        (5)    If conduct constitutes an offence under this section and an
               offence under another law, a person who is convicted, found
25             guilty or acquitted of the offence under another law is not liable
               to be prosecuted for the offence under this section.




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     108.      Harbouring child
               A person must not harbour a child if the person knows that the
               child has left, or has been removed from, the child's place of
               residence without lawful authority.
5              Penalty: $12 000 and imprisonment for one year.

     109.      Preventing child's return
               A person must not prevent the return of a child to the child's
               place of residence if the person knows that the child has left, or
               has been removed from, the child's place of residence without
10             lawful authority.
               Penalty: $12 000 and imprisonment for one year.

     110.      CEO may prohibit communication with child
       (1)     The CEO may, by written notice, direct a person not to
               communicate, or attempt to communicate, in any way with a
15             child specified in the notice.
       (2)     A person who fails to comply with a direction under
               subsection (1) commits an offence.
               Penalty: $6 000.

     111.      Evidentiary provision
20             In proceedings for an offence under this Subdivision, an
               averment in the complaint that an act was done without lawful
               authority is, on proof that the act was done, proof that the act
               was done without lawful authority unless the contrary is proved.

             Division 8 -- Powers of restraint, search and seizure
25   112.      Terms used in this Division
               In this Division --
               "disposable article" means --
                    (a) a disposable hypodermic needle or syringe;

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                   (b)    a disposable cigarette lighter; or
                   (c)    any other thing that is disposable in character and that
                          does not exceed the prescribed amount in value;
               "firearm" has the meaning given to that term in the Firearms
5                   Act 1973 section 4;
               "intoxicant" means --
                    (a) alcohol; or
                    (b) a drug or other substance capable of intoxicating a
                          person;
10             "officer" means an authorised officer or a police officer;
               "prohibited article" means a prohibited drug or a prohibited
                    plant as those terms are defined in the Misuse of Drugs
                    Act 1981 section 3(1);
               "weapon" means a controlled weapon or a prohibited weapon
15                  as those terms are defined in the Weapons Act 1999
                    section 3.

     113.      Prerequisites for exercise of power
        (1)    The powers conferred by this Division may be exercised by an
               authorised officer only if --
20               (a) the child concerned --
                          (i) is in the CEO's care; or
                         (ii) is being moved, or has been moved, to a safe
                               place under section 41;
                       and
25               (b) the authorised officer believes on reasonable grounds
                       that, unless the power is exercised, the child concerned
                       is likely to --
                          (i) endanger the health or safety of the child or
                               another person; or
30                       (ii) cause serious damage to property.



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       (2)   The powers conferred by this Division may be exercised by a
             police officer only if --
               (a) the child concerned is being moved, or has been moved,
                     to a safe place under section 41; and
5             (b) the police officer believes on reasonable grounds that,
                     unless the power is exercised, the child concerned is
                     likely to --
                        (i) endanger the health or safety of the child or
                             another person; or
10                     (ii) cause serious damage to property.

     114.    Child may be restrained
             An officer may restrain a child but only for the period, and to
             the extent, necessary, in the opinion of the officer, to prevent the
             child --
15             (a) endangering the health or safety of the child or another
                     person; or
               (b) causing serious damage to property.

     115.    Child may be searched
       (1)   An officer may search a child, and any thing found on or with
20           the child, for any thing or substance that can be seized under
             section 116.
       (2)   The search of a child must be done --
              (a) by an officer, or a person designated under
                    subsection (3), who is of the same sex as the child; and
25            (b) in the presence of at least one other adult.
       (3)   If it is reasonably necessary in order to do the search, an officer
             may designate another person to do the search or to assist in
             doing the search.
       (4)   A person designated under subsection (3) --
30            (a) may do the search or assist in doing the search; and

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                (b)    must obey any lawful and reasonable direction of the
                       officer.
        (5)    Nothing in this section authorises a search that involves --
                (a) the removal of some or all of a child's clothing; or
5               (b) an examination of the body cavities of a child.

     116.      Certain articles may be seized
               An officer may seize from a child any thing or substance the
               seizure of which is necessary, in the opinion of the officer --
                 (a) to prevent the child endangering the health or safety of
10                     the child or another person; or
                 (b) to prevent the child causing serious damage to property.

     117.      How seized articles to be dealt with
        (1)    In this section --
               "seized" means seized under section 116.
15      (2)    If a firearm, weapon or prohibited article is seized from a child
               by an authorised officer, the authorised officer must deliver it
               into the custody of a police officer as soon as practicable after it
               is seized.
        (3)    If a disposable article or an intoxicant (other than a prohibited
20             article) is seized from a child, an officer may destroy it.
        (4)    Any thing or substance seized from a child that is not dealt with
               under subsection (2) or (3) --
                 (a) must be kept in safe keeping for such period as an
                      officer considers necessary --
25                       (i) to protect the health or safety of the child or
                              another person; or
                        (ii) to prevent the child causing serious damage to
                              property;
                      and


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              (b)    at the end of that period, must be returned to the child or
                     dealt with under subsection (5).
       (5)   If, at the end of the period referred to in subsection (4)(a), it is
             not reasonably practicable (for whatever reason) to return the
5            thing or substance seized to the child, an officer must deal with
             the thing or substance in accordance with the regulations.

     118.    Use of reasonable force
             Reasonable force may be used to do a search under section 115
             and to seize any thing or substance that can be seized under
10           section 116.

     119.    Prescribed procedures
             The regulations may prescribe procedures to be followed in
             relation to the exercise of the powers conferred by this Division,
             and an officer must ensure that those procedures are complied
15           with when exercising those powers.

                            Division 9 -- Warrants
     120.    Applying for warrant
       (1)   In this section --
             "remote communication" means any way of communicating at
20                a distance including by telephone, telephone typewriter,
                  fax, email and radio.
       (2)   This section applies to and in respect of an application for a
             warrant if another section in this Part requires the application to
             be made in accordance with this section.
25     (3)   The application must be made, and any information in support
             of it must be given, on oath.
       (4)   The application must be made in person before a magistrate
             unless --
               (a) the warrant is needed urgently; and


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                (b)    the applicant reasonably believes that a magistrate is not
                       known to be available within a reasonable distance of
                       the applicant,
               in which case it may be made to a magistrate by remote
5              communication.
        (5)    If the application is made to a magistrate by remote
               communication --
                 (a) the applicant must prepare a written application and if
                        practicable send it to the magistrate;
10               (b) if it is not practicable to send the written application to
                        the magistrate, the applicant may make the application
                        orally;
                 (c) if it is not practicable to comply with subsection (3), the
                        applicant may make the application, and give any
15                      information in support of it, in unsworn form; and
                 (d) the magistrate must not grant the application unless
                        satisfied that there are grounds under subsection (4) for
                        the application not to be made in person.
        (6)    If the application is made orally under subsection (5)(b), the
20             magistrate must complete a written application.
        (7)    If information in support of the application is given orally, the
               magistrate must make a record of it.
        (8)    If --
                 (a)   the applicant gives the magistrate unsworn information
25                     under subsection (5)(c); and
                (b)    the magistrate issues a warrant,
               the applicant must send the magistrate an affidavit containing all
               that information as soon as practicable after the warrant is
               issued.




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       (9)   If the application is made by remote communication and the
             magistrate issues a warrant, then --
               (a) if it is reasonably practicable to send a copy of the
                      warrant to the applicant by remote communication, the
5                     magistrate must immediately do so; or
               (b) if it is not reasonably practicable to send a copy of the
                      warrant to the applicant by remote communication --
                         (i) the magistrate must immediately give the
                             applicant by remote communication any
10                           information that is required to be set out in the
                             warrant;
                        (ii) the applicant must complete a form of the
                             warrant with the information given by the
                             magistrate;
15                     (iii) the applicant must give the magistrate a copy of
                             the completed form as soon as practicable after
                             the warrant is issued; and
                       (iv) the magistrate must attach the copy of the
                             completed form to the original warrant issued by
20                           the magistrate and any affidavit received from
                             the applicant in support of the application, and
                             make them available for collection by the
                             applicant.
      (10)   If a copy of a warrant is received by remote communication
25           under subsection (9)(a) or a form of warrant is completed in
             accordance with subsection (9)(b)(ii) it has the same effect as
             the original warrant issued by the magistrate.

     121.    Authority conferred by warrant (access)
       (1)   In this section --
30           "warrant (access)" means a warrant (access) issued under
                  section 34(3), 52(4) or 135(5).




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        (2)    A warrant (access) authorises any authorised officer --
                (a) to enter, at any time, any place where the officer
                      reasonably believes the child to be;
                (b) to search the place for the purpose of finding the child;
5               (c) to remain at the place for as long as the officer considers
                      reasonably necessary to find the child; and
                (d) if the child is found, to remain at the place and have
                      access to the child for as long as the officer considers
                      reasonably necessary.
10      (3)    The entitlement to have access to the child referred to in
               subsection (2)(d) includes an entitlement to both see and talk
               with the child without a parent of the child or any other person
               being present.

     122.      Authority conferred by warrant (apprehension)
15      (1)    In this section --
               "warrant (apprehension)" means a warrant (apprehension)
                    issued under section 85(3) or 86(3).
        (2)    A warrant (apprehension) authorises any authorised officer or
               police officer --
20               (a) to enter, at any time, any place where the officer
                       reasonably believes the child to be;
                (b) to search the place for the purpose of finding the child;
                 (c) to remain at the place for as long as the officer considers
                       reasonably necessary to find the child; and
25              (d) if the child is found, to apprehend the child and --
                          (i) in the case of a warrant issued under section 85,
                              to take the child to such place as the CEO
                              directs; or
                         (ii) in the case of a warrant issued under section 86,
30                            to take the child to the place referred to in
                              section 86(1) or such other place as the CEO
                              directs.

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     123.    Authority conferred by warrant (provisional protection and
             care)
       (1)   In this section --
             "warrant (provisional protection and care)" means a warrant
5                 (provisional protection and care) issued under section 35(3)
                  or 133(3).
       (2)   A warrant (provisional protection and care) authorises any
             authorised officer or police officer --
               (a) to enter, at any time, any place where the officer
10                   reasonably believes the child to be;
               (b) to search the place for the purpose of finding the child;
               (c) to remain at the place for as long as the officer considers
                     reasonably necessary to find the child; and
               (d) if the child is found, to take the child into provisional
15                   protection and care and to such place as the CEO
                     directs.

     124.    Execution of warrant
       (1)   When executing a warrant issued under this Part, an authorised
             officer or police officer, as the case may be --
20             (a) may use reasonable force and assistance; and
               (b) must produce the warrant or a copy of the warrant if
                     asked to do so by a person at the place where the
                     warrant is, or is to be, executed.
       (2)   Without limiting subsection (1)(a), an authorised officer who is
25           executing a warrant issued under this Part may call on the
             assistance of a police officer.
       (3)   A police officer who provides assistance under subsection (2)
             may use reasonable force when doing so.




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                              Division 10 -- General
     125.      Access to child
               If a provision of this Part authorises an authorised officer to
               have access to a child, the officer is entitled to both see and talk
5              with the child without a parent of the child or any other person
               being present.

     126.      Recovery of certain expenditure
        (1)    In this section --
               "child" means a child --
10                  (a) who is in provisional protection and care;
                    (b) who is the subject of a protection order (supervision);
                    (c) who is the subject of a negotiated placement
                           agreement; or
                    (d) to whom placement services are provided under
15                         section 32(1)(a).
        (2)    If the Court is satisfied, on the application of the CEO, that
               expenses have been or are likely to be incurred by the
               Department in connection with the performance of functions
               under this Part in respect of a child, the Court may order a
20             parent of the child to pay to the Department such amount in
               reimbursement or anticipation of those expenses as the Court
               considers appropriate.
        (3)    If the child concerned is the subject of a negotiated placement
               agreement, an order is not to be made under subsection (2) that
25             is inconsistent with the terms of the agreement.
        (4)    An order is not to be made under subsection (2) in respect of a
               person who is not present before the Court unless the Court is
               satisfied that the person has received adequate notice of the
               application.




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       (5)   If an order is made under subsection (2), the Court must cause a
             certified copy of the order to be sent to --
               (a) the Family Court; or
               (b) a court of a kind referred to in the Family Court
5                     Act 1997 section 39(a) that can, under that section,
                      exercise the Family Court's non-federal jurisdictions,
             whichever is nearest to the place at which the order was made,
             for registration in accordance with the Family Court Act 1997
             and the order, when so registered, is to be taken for all purposes
10           to be an order made under that Act by the Family Court or the
             court referred to in paragraph (b), as the case requires.

     127.    Power of CEO to give consent
             In any case where the consent of a parent of a child is required
             or customarily sought, the CEO may, in writing signed by the
15           CEO, give that consent in relation to --
               (a) a child who is the subject of a protection order
                     (time-limited) or protection order (until 18); or
               (b) a child who is the subject of a negotiated placement
                     agreement if the agreement authorises the CEO to do so.

20   128.    Records
       (1)   The CEO must ensure that records are kept in respect of every
             child who is or has been in the CEO's care.
       (2)   The records are to contain prescribed information.

     129.    Protection from liability for giving information
25     (1)   This section applies if a person acting in good faith --
              (a) gives information to the CEO or another officer about
                     any aspect of the wellbeing of a child;
              (b) gives information to the CEO or another officer for the
                     purposes of, or in connection with, an investigation
30                   referred to in section 32(1)(d);

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                 (c)   gives information to the CEO or another officer for the
                       purposes of, or in connection with, a protection
                       application or any other application to the Court under
                       this Part; or
5               (d)    gives information to the CEO under section 40(6).
        (2)    In giving the information the person --
                 (a) does not incur any civil or criminal liability;
                 (b) is not to be taken to have breached any duty of
                       confidentiality or secrecy imposed by law; and
10               (c) is not to be taken to have breached any professional
                       ethics or standards or to have engaged in unprofessional
                       conduct.

     130.      General powers of police officers not affected
               The powers conferred by this Part on a police officer are in
15             addition to, and do not limit, the powers that a police officer
               would have if this Part had not been enacted.




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                                                                      s. 131



                   Part 5 -- Protection proceedings
                   Division 1 -- Terms used in this Part
     131.    Terms used in this Part
             In this Part, unless the contrary intention appears --
5            "child", in relation to protection proceedings, means the child
                 who is the subject of those proceedings;
             "parent", in relation to a child who is the subject of a
                 protection order other than a protection order (supervision),
                 includes any person who would have had parental
10               responsibility for the child if the order had not been made.

             Division 2 -- Adjournment and interim orders
     132.    Adjournment of proceedings
             The Court may at any time in the course of protection
             proceedings --
15             (a) on its own initiative; or
               (b) on the application of a party,
             adjourn the proceedings for any period that the Court considers
             appropriate.

     133.    Interim orders
20     (1)   The Court may at any time in the course of protection
             proceedings make an interim order --
               (a) on its own initiative; or
               (b) on the application of a party.
       (2)   An interim order is an order as to any one or more of the
25           following --
               (a) that the child is to be returned to, placed with, or remain
                    with a parent of the child;


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     Division 2     Adjournment and interim orders
     s. 134



                 (b)    that the child is to be taken into, or remain in,
                        provisional protection and care;
                 (c)    that the child is to be placed with a person approved by
                        the Court following a report, whether oral or written,
 5                      from the CEO as to the person's suitability;
                 (d)    that the child or any other party undergo counselling;
                 (e)    that a parent of the child or any other person specified in
                        the order who has been providing day-to-day care for
                        the child is to give to the CEO personal possessions of
10                      the child that are specified in the order;
                  (f)   contact between the child and a parent, sibling or other
                        relative of the child or any other person who is
                        significant in the child's life, including that a person
                        specified in the order is not to have contact (whether
15                      direct or indirect) with the child;
                 (g)    any other matter that the Court considers appropriate.
        (3)    If the Court makes an interim order that the child is to be taken
               into provisional protection and care, the Court may issue a
               warrant (provisional protection and care).
20             Note: Section 123 contains provisions about the effect of a warrant
                     (provisional protection and care).

     134.      Variation or revocation of interim order
        (1)    A party may apply to the Court for the variation or revocation of
               an interim order.
25      (2)    On an application under subsection (1) the Court may --
                (a) confirm the interim order;
                (b) vary the interim order;
                (c) revoke the interim order; or
                (d) revoke the interim order and make another interim
30                    order.




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                                          Protection proceedings       Part 5
                                  Adjournment and interim orders  Division 2
                                                                       s. 135



       (3)   The Court must not take action under subsection (2)(b), (c) or
             (d) unless it is satisfied that --
               (a) new facts or circumstances have arisen since the interim
                     order was made or last varied, as the case may be; or
5              (b) each party consents to the action.
       (4)   The reference in subsection (3) to each party does not include
             the child unless --
               (a) the child has legal representation; or
               (b) the Court is satisfied that the child has sufficient
10                   maturity and understanding to give consent.

     135.    Authorised officer entitled to have access to the child
       (1)   While an interim order as to a matter referred to in
             section 133(2)(a) or (c) is in force in respect of a child, an
             authorised officer may have access to the child at any
15           reasonable time.
       (2)   The entitlement referred to in subsection (1) includes an
             entitlement to both see and talk with the child without a parent
             of the child or any other person being present.
       (3)   An authorised officer may apply to a magistrate for a warrant
20           (access) if the officer --
               (a) is denied access to a child;
               (b) suspects that he or she will be denied such access; or
               (c) is unable to find the child for the purposes of access.
       (4)   An application under subsection (3) must be made in
25           accordance with section 120.
       (5)   On an application under subsection (3) a magistrate may issue a
             warrant (access) if the magistrate is satisfied --
              (a) as to a matter referred to in subsection (3)(a) or (c); or




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     Division 3     Pre-hearing conferences
     s. 136



                 (b)    that there are reasonable grounds for the authorised
                        officer to have the suspicion referred to in
                        subsection (3)(b).
               Note: Section 121 contains provisions about the effect of a warrant (access).

5                      Division 3 -- Pre-hearing conferences
     136.      Court may order pre-hearing conference
        (1)    The Court may at any time in the course of protection
               proceedings make an order referring the application the subject
               of those proceedings to a conference.
10      (2)    The purpose of a pre-hearing conference is to give the parties to
               the proceedings an opportunity to discuss, and reach agreement
               on, any matter relevant to the application.
        (3)    The Court must fix a day, time and place for the pre-hearing
               conference.
15      (4)    A pre-hearing conference must be presided over by --
                 (a)    a magistrate; or
                 (b)    a convenor appointed by the Court in accordance with
                        the regulations.
        (5)    At the conclusion of a pre-hearing conference the person who
20             presided over the conference must report to the Court on its
               outcome unless that person is also the magistrate who ordered
               the conference under subsection (1).
        (6)    The regulations may --
                 (a)    provide for the appointment of convenors;
25               (b)    provide for the remuneration and allowances payable to
                        convenors;
                 (c)    prescribe the classes of people who may attend a
                        pre-hearing conference;
                 (d)    confer power on the Court to order the attendance of
30                      people at pre-hearing conferences; and

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                                       Pre-hearing conferences   Division 3
                                                                      s. 137



               (e)   provide for the procedure at pre-hearing conferences.

     137.    Confidentiality of pre-hearing conference
       (1)   Subject to this section, the proceedings of a pre-hearing
             conference are confidential.
5      (2)   Evidence of anything said or done, or of any admission made, at
             a pre-hearing conference is only admissible in proceedings
             before any court (including the protection proceedings
             concerned) if the court concerned grants leave or all the people
             who attended the pre-hearing conference consent.
10     (3)   A person who attends a pre-hearing conference must not
             disclose any statement made by another person at, or
             information furnished by another person to, the conference
             without the leave of the Court or the consent of that other
             person.
15           Penalty: $12 000 and imprisonment of one year.
       (4)   Subsection (3) does not apply to --
              (a) the disclosure of a statement or information in
                    proceedings before a court in accordance with
                    subsection (2);
20            (b) the making of a record of proceedings at the conference
                    by the person presiding, a person who attended the
                    conference, or his or her legal representative;
              (c) discussions between a child who did not attend the
                    conference and his or her legal representative who
25                  attended the conference;
              (d) discussions between a party who --
                       (i) has a difficulty understanding or communicating
                            in English; or
                      (ii) has a disability,
30                  and any other person who attended the conference for
                    the purpose of providing support or assistance to that
                    party;

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     Part 5         Protection proceedings
     Division 4     Reports about child
     s. 138



                (e)    discussions between a person who attended the
                       conference and his or her legal representative;
                 (f)   discussions between the legal representatives of people
                       who attended the conference;
5               (g)    discussions between officers, police officers, or officers
                       and police officers, about the conference;
                (h)    the disclosure, in connection with a review of the
                       operation of pre-hearing conferences generally, of
                       information --
10                        (i) that does not identify any person who attended
                               the conference; or
                         (ii) that identifies a person who attended the
                               conference if the person has consented to its
                               disclosure;
15               (i)   the disclosure of information by a person who believes
                       on reasonable grounds that it is necessary to do so in
                       order to protect the health or safety of any person or to
                       prevent or minimise damage to any property.

                       Division 4 -- Reports about child
20   138.      Meaning of "report"
               In this Division --
               "report" means a report under section 139.

     139.      Court may require report
        (1)    The Court may at any time in the course of protection
25             proceedings require a person to give the Court a report on any
               matter relevant to the wellbeing of the child.
        (2)    The person referred to in subsection (1) is to be a person
               appointed by the Court in accordance with the regulations.
        (3)    The report must be in writing unless the Court otherwise directs.



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                                             Reports about child  Division 4
                                                                       s. 140



       (4)   The Court may specify the particular issues that the report must
             address but this subsection does not limit the issues that may be
             addressed in the report.
       (5)   A report is admissible as evidence in protection proceedings.
5      (6)   The Court may give such weight as it thinks fit to the content of
             a report admitted under subsection (5).
       (7)   The regulations may --
              (a) provide for and in relation to the appointment of persons
                    for the purposes of this section;
10            (b) provide for the remuneration and allowances payable to
                    such persons; and
              (c) specify who is liable to pay the costs of a report under
                    this section.

     140.    Access to written report
15     (1)   As soon as practicable after receiving a written report, the
             Court, unless it makes an order under subsection (3), must take
             all reasonable steps to ensure that a copy of the report is given
             to each of the parties.
       (2)   The Court may give directions as to the manner in which a copy
20           of the report is given to a party.
       (3)   The Court may order that a copy of the report is not to be given
             to a party or parties if the Court is satisfied that there are special
             circumstances that make the release of the report to that party or
             those parties inappropriate.

25   141.    Confidentiality of report
       (1)   A person who prepares or is given a report must not, without the
             leave of the Court, disclose information contained in it to
             another person.
             Penalty: $6 000.



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     Division 5     Proposals about arrangements for child
     s. 142



        (2)     Nothing in subsection (1) prevents the CEO disclosing
                information contained in a report --
                  (a) to --
                          (i) an authorised officer at any time; or
5                        (ii) any other person, after the relevant protection
                               proceedings have concluded,
                       if the CEO considers that it is appropriate to do so; or
                  (b) to a public authority, a corresponding authority, or an
                       interested person under section 23.
10      (3)     Nothing in subsection (1) prevents a person disclosing
                information contained in a report to the person's legal
                representative.

     142.       Protection from liability for preparing or giving report
                A person who, in good faith, prepares a report or gives a report
15              to the Court --
                  (a) does not in doing so incur any civil or criminal liability;
                  (b) is not in doing so to be taken to have breached any duty
                        of confidentiality or secrecy imposed by law; and
                  (c) is not in doing so to be taken to have breached any
20                      professional ethics or standards or to have engaged in
                        unprofessional conduct.

              Division 5 -- Proposals about arrangements for child
     143.       CEO to provide Court with proposal for child
        (1)     In this section --
25              "proposal" means a document that outlines the proposed
                     arrangements for --
                     (a) the supervision of the wellbeing of the child if a
                            protection order (supervision) is made or extended in
                            respect of the child; or


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                                      Children and Community Services Bill 2003
                                            Protection proceedings       Part 5
                             Proposals about arrangements for child Division 5
                                                                         s. 143



                   (b)      the wellbeing of the child if a protection order
                            (time-limited) or protection order (until 18) is made
                            or extended in respect of the child.
     (2)   If --
5            (a)         the CEO makes a protection application in respect of a
                         child; and
            (b)          the Court finds that the child is in need of protection,
           the CEO must, if the CEO has not already done so, provide the
           Court with a proposal for the child as soon as practicable after
10         the finding referred to in paragraph (b).
     (3)   If the CEO makes --
             (a) an application under section 49 for the extension of a
                   protection order (supervision);
             (b) an application under section 56 for the extension of a
15                 protection order (time-limited); or
             (c) an application under section 68 for the replacement of a
                   protection order by another protection order (other than
                   a protection order (enduring parental responsibility)),
           the CEO must provide the Court with a proposal for the child
20         when the application is made.
     (4)   For the purposes of subsection (3)(b) the proposal is to include
           plans for securing long-term stability, security and safety in the
           child's relationships and living arrangements.
     (5)   If --
25           (a)         an application is made under section 67(1) for the
                         revocation of a protection order; and




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     Division 6     Procedural matters
     s. 144



                (b)    the Court is considering making another protection order
                       (other than a protection order (enduring parental
                       responsibility)) in respect of the child under
                       section 67(2)(c),
5              the Court may request the CEO to provide it with a proposal for
               the child.
        (6)    The CEO must comply with a request under subsection (5) as
               soon as practicable after it is made.
        (7)    The CEO must give a copy of any proposal provided to the
10             Court under this section to the other parties.

     144.      Court to consider proposal
        (1)    Before making a protection order in respect of a child or
               extending a protection order (supervision) or protection order
               (time-limited) in respect of a child the Court must first consider
15             any proposal for the child provided under section 143.
        (2)    In considering a proposal that includes plans referred to in
               section 143(4) the Court must have regard to the likelihood of
               those plans being achieved.

                        Division 6 -- Procedural matters
20   145.      General conduct of protection proceedings
        (1)    Protection proceedings are to be conducted with as little
               formality and legal technicality as the circumstances of the case
               permit.
        (2)    Without limiting subsection (1), if the child is present in court,
25             protection proceedings are to be conducted in a way that is
               sensitive to the child's level of understanding.
        (3)    Protection proceedings are to be concluded as expeditiously as
               possible in order to minimise the effect of the proceedings on
               the child and the child's family.


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                                             Procedural matters  Division 6
                                                                      s. 146



     146.    Court not bound by rules of evidence
       (1)   In this section --
             "representation" includes an express or implied representation,
                 whether oral or in writing, and a representation inferred
5                from conduct.
       (2)   In protection proceedings the Court is not bound by the rules of
             evidence, but may inform itself on any matter in any manner it
             considers appropriate.
       (3)   Without limiting subsection (2), evidence of a representation
10           about a matter that is relevant to the protection proceedings is
             admissible despite the rule against hearsay.
       (4)   The Court may give such weight as it thinks fit to evidence
             admitted under subsection (3).

     147.    Parties to the proceedings
15           In protection proceedings each of the following people is a party
             to the proceedings --
               (a) the child;
               (b) each parent of the child;
               (c) the CEO;
20             (d) if the proceedings relate to a protection order (enduring
                     parental responsibility) --
                        (i) the person or persons to whom parental
                             responsibility for the child is proposed to be
                             given under the order; or
25                     (ii) the person or persons given parental
                             responsibility for the child under the order,
                     as the case may be;
               (e) any other person considered by the Court to have a
                     direct and significant interest in the wellbeing of the
30                   child.


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     Division 6     Procedural matters
     s. 148



     148.      Legal representation of child
        (1)    In this section --
               "lawyer" means a person who is admitted and entitled to
                   practise as a barrister and solicitor of the Supreme Court.
5       (2)    If, in protection proceedings, it appears to the Court that the
               child ought to have separate legal representation, the Court may
               order that the child be separately represented by a lawyer.
        (3)    The Court may make an order under subsection (2) --
                (a) on its own initiative; or
10              (b) on the application of --
                        (i) the child;
                       (ii) an organisation concerned with the wellbeing of
                            children; or
                      (iii) any other person.
15      (4)    A lawyer who represents a child in protection proceedings must
               act on the instructions of the child if the child --
                 (a) has sufficient maturity and understanding to give
                       instructions; and
                 (b) wishes to give instructions,
20             and in any other case must act in the best interests of the child.
        (5)    Any question as to whether a child has sufficient maturity and
               understanding to give instructions is to be determined by the
               Court.

     149.      Presence of child in court
25      (1)    In protection proceedings the child may be present in court if
               the child so wishes.




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                                             Procedural matters  Division 6
                                                                      s. 150



       (2)   Subsection (1) is subject to any order made in respect of the
             child under --
               (a) the Children's Court of Western Australia Act 1988
                     section 31; or
5              (b) the Evidence Act 1906 section 106K.
       (3)   The CEO must ensure that the child --
              (a) is made aware of the child's right to be present in court
                   under subsection (1); and
              (b) is provided with any support services that the CEO
10                 considers appropriate to enable the child to participate in
                   the proceedings.

     150.    Evidence of child
       (1)   In this section --
             "child" includes a child who is not the subject of the protection
15                proceedings.
       (2)   In protection proceedings a child may only be compelled to give
             evidence or be cross-examined with the leave of the Court.
       (3)   The Court must not grant leave for the purposes of
             subsection (2) unless the Court is satisfied that the child is
20           unlikely --
               (a) to suffer emotional trauma as a result of giving evidence
                     or being cross-examined; or
               (b) to be so intimidated or distressed as to be unable --
                       (i) to give evidence or be cross-examined; or
25                    (ii) to give evidence or be cross-examined
                            satisfactorily.

     151.    Standard of proof
             The standard of proof in protection proceedings is proof on the
             balance of probabilities.



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     Division 6     Procedural matters
     s. 152



     152.      Intervention by Attorney General
        (1)    The Attorney General may intervene in protection proceedings.
        (2)    If the Attorney General intervenes in protection proceedings, the
               Attorney General is to be treated as a party with all the rights,
5              duties, and liabilities of a party.

     153.      Court to facilitate party's participation in proceedings
        (1)    In protection proceedings the Court must, as far as is
               practicable, ensure that each party understands the nature,
               purpose and legal implications of the proceedings and of any
10             order or decision of the Court.
        (2)    If the Court is satisfied that a party --
                 (a) has difficulty understanding or communicating in
                       English; or
                 (b) has a disability,
15             that prevents or restricts the party's understanding of, or
               participation in, protection proceedings, the Court must take
               reasonable steps to ensure that the services of an interpreter or
               other appropriate person are made available to the party during
               the proceedings to facilitate the party's understanding of, or
20             participation in, the proceedings.
        (3)    Nothing in this section is to be taken to affect the operation of
               the Children's Court of Western Australia Act 1988
               section 34(1).

     154.      Court may dispense with requirement for service
25             The Court may make an order dispensing with a requirement in
               this Part for a party to give a document to another person if the
               Court is satisfied, on the application of the party, that, after
               reasonable inquiries, the other person cannot be found.




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                                             Procedural matters  Division 6
                                                                      s. 155



     155.    Frivolous or vexatious proceedings
       (1)   At any time in the course of protection proceedings the Court
             may, if it is satisfied that the proceedings are frivolous or
             vexatious --
5              (a) dismiss the proceedings;
               (b) make any order as to costs that it considers appropriate;
                     and
               (c) on the application of a party, order that the person who
                     instituted the proceedings cannot, without the leave of
10                   the Court, institute protection proceedings of the kind or
                     kinds specified in the order.
       (2)   An order made under subsection (1)(c) has effect despite any
             other provision of this Part.
       (3)   The Court may vary or discharge an order made under
15           subsection (1)(c).




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     Children and Community Services Bill 2003
     Part 6         Transfer of child protection orders and proceedings
     Division 1     Introductory matters
     s. 156



              Part 6 -- Transfer of child protection orders
                          and proceedings
                       Division 1 -- Introductory matters
     156.      Purpose of Part
5              The purpose of this Part is to provide for the transfer of child
               protection orders and proceedings between this State and
               another State --
                 (a) so that children who are in need of protection may be
                       protected despite moving from one jurisdiction to
10                     another; and
                 (b) so as to facilitate the timely and expeditious
                       determination of court proceedings relating to the
                       protection of a child.

     157.      Terms used in this Part
15      (1)    In this Part, unless the contrary intention appears --
               "child protection order", in relation to a child, means a final
                   order made under a child welfare law in respect of the child
                   that gives --
                    (a) a Minister of the Crown in right of a State;
20                  (b) a government department or statutory authority;
                    (c) a person who is the chief executive officer (however
                         described) of a government department or statutory
                         authority or otherwise holds an office or position in,
                         or is employed in, a government department or
25                       statutory authority; or
                   (d) an organisation or the chief executive officer
                         (however described) of an organisation,
                   responsibility in relation to the guardianship, custody or
                   supervision of the child, however that responsibility is
30                 described;


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                                      Introductory matters Division 1
                                                                s. 157



     "child protection proceeding" means a proceeding brought in
         a court under a child welfare law for --
          (a) the making of a finding that a child is in need of
               protection or any other finding (however described)
5              the making of which is a prerequisite under the child
               welfare law to the exercise by the court of a power to
               make a child protection order; or
          (b) the making of a child protection order or an interim
               order or for the variation or revocation, or the
10             extension of the period, of such an order;
     "child welfare law" means --
          (a) Part 4;
          (b) a law of another State that, under an order in force
               under subsection (2), is declared to be a child welfare
15             law for the purposes of this Part; or
          (c) a law of another State that substantially corresponds
               to Part 4;
     "Children's Court" means --
          (a) in relation to this State, the Court; and
20        (b) in relation to another State, the court with jurisdiction
               to hear and determine a child protection proceeding at
               first instance;
     "home order" means --
          (a) a protection order; or
25        (b) a child protection order taken, by operation of
               section 178(1), to be a protection order;
     "interim order" means --
          (a) an order made under section 173(1); or
          (b) an equivalent order made under an interstate law;
30   "interstate law" means --
          (a) a law of another State that, under an order in force
               under subsection (3), is declared to be an interstate
               law for the purposes of this Part; or

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     Division 1     Introductory matters
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                    (b)   a law of another State that substantially corresponds
                          to this Part;
               "interstate officer", in relation to another State, means --
                    (a) the person holding the office or position to which
5                         there is given by or under the child welfare law of
                          that State principal responsibility for the protection of
                          children in that State; or
                    (b) the holder of an office or position that, under an order
                          in force under subsection (4), is declared to be an
10                        office or position the holder of which is the interstate
                          officer in relation to that State for the purposes of this
                          Part;
               "parent" has the meaning given to that term in section 42;
               "participating State" means a State in which an interstate law
15                 is in force;
               "registrar of the Court" means --
                    (a) in relation to an application made to the Court, the
                          registrar of the Court at the place where the
                          application was made;
20                  (b) in relation to a document filed in the Court, the
                          registrar of the Court at the place where the document
                          was filed; and
                    (c) in relation to the revocation by the Court of the
                          registration of an order, the registrar of the Court at
25                        the place where the registration was revoked;
               "sending State" means the State from which a child protection
                   order or proceeding is transferred under this Part or an
                   interstate law;
               "State" means --
30                  (a) a State or a Territory; or
                    (b) New Zealand;




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                                Transfer of child protection orders Division 2
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             "working day" means --
                 (a) in relation to a court, a day on which the offices of
                      the court are open; and
                (b) in relation to the CEO, a day on which the principal
5                     office of the Department is open.
       (2)   The Minister may, by order published in the Gazette, declare a
             law of another State to be a child welfare law for the purposes
             of this Part if satisfied that the law substantially corresponds to
             Part 4.
10     (3)   The Minister may, by order published in the Gazette, declare a
             law of another State to be an interstate law for the purposes of
             this Part if satisfied that the law substantially corresponds to this
             Part.
       (4)   The Minister may, by order published in the Gazette, declare an
15           office or position in another State to be an office or position the
             holder of which is the interstate officer in relation to that State
             for the purposes of this Part.
       (5)   The Minister may, by order published in the Gazette, amend or
             revoke an order under subsection (2), (3) or (4).

20           Division 2 -- Transfer of child protection orders

                  Subdivision 1 -- Administrative transfers

     158.    When CEO may transfer order
       (1)   The CEO may transfer a home order to a participating State
             if --
25              (a) in his or her opinion a child protection order to the same
                    or a similar effect as the home order could be made
                    under the child welfare law of that State;
                (b) the home order is not subject to an appeal and the time
                    for instituting an appeal has expired;



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     Division 2     Transfer of child protection orders
     s. 159



                 (c)   the relevant interstate officer has consented in writing to
                       the transfer and to the proposed terms of the order to be
                       transferred (the "proposed interstate order"); and
                 (d)   any person whose consent to the transfer is required
5                      under section 159 has so consented.
        (2)     The CEO may include in the proposed interstate order any
                conditions that could be included in a child protection order of
                that type made in the relevant participating State.
        (3)     In determining whether a child protection order to the same or a
10              similar effect as the home order could be made under the child
                welfare law of a participating State, the CEO must not take into
                account the period for which it is possible to make such an order
                in that State.
        (4)     The CEO must determine, and specify in the proposed interstate
15              order, the period for which it is to remain in force.
        (5)     The period must be the lesser of --
                 (a) the period for which the home order would have
                       remained in force if it were not transferred to the
                       relevant participating State; and
20               (b) the maximum period for which a child protection order
                       of that type made in the relevant participating State
                       could remain in force.

     159.       Persons whose consent is required
        (1)     For the purposes of section 158(1)(d), if the home order is a
25              protection order (supervision), consent to the transfer is
                required --
                  (a) from the child unless, in the opinion of the CEO, the
                        child does not have sufficient maturity and
                        understanding to give consent; and
30                (b) subject to subsection (2), from the child's parents.




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       (2)   Consent to the transfer is not required --
              (a) from a parent of the child if, after reasonable inquiries,
                   that parent cannot be found;
              (b) from a parent of the child if, in the opinion of the CEO,
5                  that parent is unable to give consent; or
              (c) from a parent of the child who is residing in, or is
                   intending to reside in, the relevant participating State.

     160.    CEO to have regard to certain matters
             In determining whether to transfer a home order to a
10           participating State, the CEO must have regard to --
               (a) whether the CEO or an interstate officer is in the better
                     position to exercise powers and responsibilities under a
                     child protection order relating to the child; and
               (b) the desirability of a child protection order being an order
15                   under the child welfare law of the State where the child
                     resides.

     161.    Notification of decision to transfer
       (1)   If the CEO has decided to transfer a home order to a
             participating State, the CEO must cause notice of the decision to
20           be given to --
               (a) the child unless the CEO considers that the child does
                     not have sufficient maturity to understand the transfer
                     and its consequences;
               (b) the child's parents; and
25             (c) any other person considered by the CEO to have a direct
                     and significant interest in the wellbeing of the child,
             as soon as practicable but in any event no later than 3 working
             days after the decision was made.
       (2)   A notice under subsection (1) must --
30            (a) state the date of the decision;


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     Division 2     Transfer of child protection orders
     s. 162



                 (b)    state that a person who wishes to apply to the Supreme
                        Court for judicial review of the decision must institute
                        the proceeding, and give written notice of it to the CEO,
                        within 21 working days after the date of the decision;
5                       and
                  (c)   state that a person who wishes to apply to the State
                        Administrative Tribunal for a review of the decision
                        must institute the proceeding within 21 days after the
                        date of the decision.
10      (3)     Notice is not required to be given to a person under
                subsection (1) if it cannot be given after all reasonable efforts.

     162.       Limited period in which to apply for judicial review of
                decision
        (1)     A proceeding in the Supreme Court for judicial review of a
15              decision of the CEO to transfer a home order to a participating
                State must be instituted, and written notice of it must be given to
                the CEO, within 21 working days after the date of the decision.
        (2)     The Supreme Court cannot extend the time fixed by
                subsection (1).
20      (3)     Subject to subsections (1) and (2), a proceeding referred to in
                subsection (1) must be brought in accordance with the Supreme
                Court's rules of court.
        (4)     The institution of a proceeding referred to in subsection (1) and
                the giving of written notice of it to the CEO stays the operation
25              of the decision pending the determination of the proceeding.

     163.       Review by State Administrative Tribunal
        (1)     A person who is aggrieved by a decision of the CEO to transfer
                a home order to a participating State may apply to the State
                Administrative Tribunal for a review of the decision within
30              21 working days after the date of the decision.



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                                Transfer of child protection orders Division 2
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       (2)   The State Administrative Tribunal cannot extend the time fixed
             by subsection (1).
       (3)   The institution of a proceeding for the review of a decision
             under subsection (1) stays the operation of the decision pending
5            the determination of the proceeding.

                      Subdivision 2 -- Judicial transfers

     164.    When Court may transfer order
             The Court may make an order transferring a home order to a
             participating State if --
10             (a) an application for the making of the order is made by the
                     CEO;
               (b) the home order is not subject to an appeal and the time
                     for instituting an appeal has expired; and
               (c) the relevant interstate officer has consented in writing to
15                   the transfer and to the proposed terms of the order to be
                     transferred.

     165.    Service of application
             The CEO must as soon as possible after making an application
             for an order under section 164 cause a copy of it to be given
20           to --
               (a) any person who was a party to the proceedings in which
                     the home order to be transferred was made; and
               (b) any other person considered by the CEO to have a direct
                     and significant interest in the wellbeing of the child.

25   166.    Court to have regard to certain matters
             In determining whether to make an order under section 164 the
             Court must have regard to --
               (a) whether the CEO or an interstate officer is in the better
                     position to exercise powers and responsibilities under a
30                   child protection order relating to the child; and

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     Division 2     Transfer of child protection orders
     s. 167



                 (b)    the desirability of a child protection order being an order
                        under the child welfare law of the State where the child
                        resides.

     167.       Type of order
5       (1)     If the Court determines to transfer a home order to a
                participating State, the proposed terms of the order to be
                transferred (the "proposed interstate order") must be terms
                that could be the terms of a child protection order made under
                the child welfare law of the participating State and that the
10              Court believes to be --
                  (a) to the same or a similar effect as the terms of the home
                        order; or
                  (b) otherwise in the best interests of the child.
        (2)     The Court may include in the proposed interstate order any
15              conditions that could be included in a child protection order of
                that type made in the relevant participating State.
        (3)     In determining whether an order to the same or a similar effect
                as the home order could be made under the child welfare law of
                a participating State, the Court must not take into account the
20              period for which it is possible to make such an order in that
                State.
        (4)     The Court must determine, and specify in the proposed
                interstate order, the period for which it is to remain in force.
        (5)     The period must not be longer than the maximum period for
25              which a child protection order of that type made in the relevant
                participating State could remain in force.

     168.       Court must consider report from the CEO
                The Court must not make an order under section 164 unless it
                has received and considered a report from the CEO regarding
30              the child.



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                                Transfer of child protection orders Division 2
                                                                        s. 169



     169.    Appeals
       (1)   A party to an application for an order under section 164 may
             appeal to the Supreme Court, on a question of law, from a final
             order made in that proceeding transferring, or refusing to
5            transfer, a home order to a participating State.
       (2)   An appeal under subsection (1) --
              (a) must be instituted, and (except where instituted by the
                   CEO) written notice of it must be given to the CEO,
                   within 10 working days after the day on which the order
10                 appealed from was made; and
              (b) operates as a stay of the order.
       (3)   The Supreme Court cannot extend the time fixed by
             subsection (2)(a).
       (4)   Subject to subsections (2) and (3), an appeal under
15           subsection (1) must be brought in accordance with the rules of
             the Supreme Court.
       (5)   The Supreme Court must hear and determine the appeal as
             expeditiously as possible.
       (6)   Pending the determination of the appeal, the Supreme Court
20           may make any interim order that the Children's Court can make
             under section 133.
       (7)   On determining the appeal, the Supreme Court may make such
             order as it thinks appropriate, including an order remitting the
             case for rehearing to the Court with or without any direction in
25           law.
       (8)   An order made by the Supreme Court on an appeal under
             subsection (1), other than an order remitting the case for
             rehearing to the Court, may be enforced as an order of the
             Supreme Court.




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     Children and Community Services Bill 2003
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     Division 3     Transfer of child protection proceedings
     s. 170



            Division 3 -- Transfer of child protection proceedings
     170.       When Court may transfer child protection proceeding
        (1)     The Court may make an order transferring a child protection
                proceeding pending in the Court to the Children's Court in a
5               participating State if --
                  (a) an application for the making of the order is made by the
                        CEO; and
                  (b) the relevant interstate officer has consented in writing to
                        the transfer.
10      (2)     The proceeding is discontinued in the Court on the registration
                in the Children's Court in the participating State in accordance
                with the interstate law of an order referred to in subsection (1).

     171.       Service of application
                The CEO must, as soon as possible after making an application
15              for an order under section 170(1), cause a copy of it to be given
                to --
                  (a) each party to the child protection proceeding the subject
                        of the application; and
                  (b) any other person considered by the CEO to have a direct
20                      and significant interest in the wellbeing of the child.

     172.       Court to have regard to certain matters
                In determining whether to make an order under section 170(1)
                the Court must have regard to --
                  (a) whether any other proceedings relating to the child are
25                      pending, or have previously been heard and determined,
                        under the child welfare law in the participating State;
                  (b) the place where any of the matters giving rise to the
                        proceeding in the Court arose;




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                          Transfer of child protection proceedings Division 3
                                                                        s. 173



               (c)   the place of residence, or likely place of residence, of
                     the child, the child's parents and any other people who
                     are significant to the child;
              (d)    whether the CEO or an interstate officer is in the better
5                    position to exercise powers and responsibilities under a
                     child protection order relating to the child;
               (e)   the desirability of a child protection order being an order
                     under the child welfare law of the State where the child
                     resides; and
10             (f)   any information given to the Court under subsection (2).
       (2)   If the CEO is aware that --
               (a) a sentence or order imposed under the Sentencing
                     Act 1995 or the Young Offenders Act 1994, other than a
                     fine, is in force in respect of the child who is the subject
15                   of the proceeding to which an application referred to in
                     section 170(1)(a) relates; or
               (b) a criminal proceeding is pending against that child in
                     any court,
             the CEO must, as soon as possible, inform the Court of that fact
20           and of the details of the sentence, order or pending criminal
             proceeding.

     173.    Interim order
       (1)   If the Court makes an order under section 170(1) the Court may
             also make an interim order.
25     (2)   An interim order --
              (a) may give responsibility for an aspect of parental
                    responsibility for the child to a person, subject to any
                    conditions that the Court considers to be appropriate;
                    and
30            (b) may give responsibility for the supervision of the child
                    to the interstate officer in the participating State or any
                    other person in that State to whom responsibility for the

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     Division 3     Transfer of child protection proceedings
     s. 174



                       supervision of a child could be given under the child
                       welfare law of that State.
        (3)     An interim order remains in force for the period (not exceeding
                30 days) specified in the order.
5       (4)     The Children's Court in the participating State may vary or
                revoke, or extend the period of, an interim order in accordance
                with the relevant interstate law.

     174.       Appeals
        (1)     A party to an application for an order under section 170(1) may
10              appeal to the Supreme Court, on a question of law, from a final
                order made in that proceeding transferring, or refusing to
                transfer, a child protection proceeding to a participating State.
        (2)     An appeal under subsection (1) --
                 (a) must be instituted, and (except where instituted by the
15                    CEO) written notice of it must be given to the CEO,
                      within 10 working days after the day on which the order
                      appealed from was made; and
                 (b) operates as a stay of the order but not of any interim
                      order made at the same time as the order.
20      (3)     The Supreme Court cannot extend the time fixed by
                subsection (2)(a).
        (4)     Subject to subsections (2) and (3), an appeal under
                subsection (1) must be brought in accordance with the rules of
                the Supreme Court.
25      (5)     The Supreme Court must hear and determine the appeal as
                expeditiously as possible.
        (6)     On determining the appeal, the Supreme Court may make such
                order as it thinks appropriate, including an order remitting the
                case for rehearing to the Children's Court with or without any
30              direction in law.



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                                                      Registration Division 4
                                                                        s. 175



       (7)   An order made by the Supreme Court on an appeal under
             subsection (1), other than an order remitting the case for
             rehearing to the Children's Court, may be enforced as an order
             of the Supreme Court.
5      (8)   The Supreme Court may --
              (a) if an interim order was made at the same time as the
                   order appealed from, make an order --
                      (i) staying the operation of the interim order;
                     (ii) varying or revoking the interim order; or
10                  (iii) extending the period of the interim order;
                   and
              (b) make any interim order pending the determination of the
                   appeal that the Children's Court can make under
                   section 133.

15                        Division 4 -- Registration
     175.    Filing of interstate orders in the Court
       (1)   Subject to subsection (3), the CEO must, as soon as possible,
             file in the Court a copy of a child protection order transferred to
             this State under an interstate law.
20     (2)   Subject to subsection (3), the CEO must, as soon as possible,
             file in the Court a copy of an order under an interstate law to
             transfer a child protection proceeding to this State, together with
             a copy of any interim order made at the same time.
       (3)   The CEO must not file in the Court a copy of a child protection
25           order or of an order to transfer a child protection proceeding if,
             under the interstate law --
               (a) the decision or order to transfer the child protection
                     order or the order to transfer the child protection
                     proceeding (as the case requires) is subject to appeal or
30                   review or a stay; or



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     Division 4     Registration
     s. 176



                 (b)    the time for instituting an appeal or seeking a review has
                        not expired.

     176.       Registration of interstate orders
                If the CEO files a copy of an order in the Court under
5               section 175, the registrar of the Court must register the order.

     177.       Notification by registrar of Court
                The registrar of the Court must immediately notify the
                appropriate officer of the Children's Court in the sending State
                and the interstate officer in that State of --
10                (a) the registration of an order under section 176; or
                  (b) the revocation under section 179 of the registration of an
                        order.

     178.       Effect of registration
        (1)     A child protection order registered in the Court under
15              section 176 --
                  (a) is to be taken for all purposes (except for the purposes of
                        appeal) to be a protection order of the relevant type
                        made by the Court on the day on which it is registered;
                        and
20                (b) may be varied or revoked, or the period for which it is in
                        force extended, under Part 4.
        (2)     An interim order registered in the Court under section 176 --
                  (a)   is to be taken for all purposes (except for the purposes of
                        appeal) to be an order made by the Court under
25                      section 133 on the day on which it is registered; and
                 (b)    may be varied or revoked, or the period for which it is in
                        force extended, under Part 4.
        (3)     If an order under an interstate law to transfer a child protection
                proceeding to this State is registered under section 176, the



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                                                      Registration Division 4
                                                                        s. 179



             proceeding is to be taken to have been commenced in the Court,
             under Part 4, on the day on which the order is registered.

     179.    Revocation of registration
       (1)   An application for the revocation of the registration of an order
5            under section 176 may be made to the Court by --
               (a) the CEO;
               (b) the child concerned;
               (c) a parent of the child concerned; or
              (d) a party to the proceeding in the Children's Court in the
10                  sending State in which the decision to transfer the order
                    or proceeding (as the case requires) was made.
       (2)   The registrar of the Court must cause a copy of an application
             made under subsection (1) to be given as soon as possible to --
              (a) the relevant interstate officer; and
15            (b) any person by whom the application could have been
                    made.
       (3)   The Court may only revoke the registration of an order if
             satisfied that it was inappropriately registered because, under
             the interstate law --
20             (a) the decision or order to transfer the child protection
                      order or the order to transfer the child protection
                      proceeding (as the case requires) was at the time of
                      registration subject to appeal or review or a stay; or
               (b) the time for instituting an appeal or seeking a review had
25                    not expired.
       (4)   If the registration of an order is revoked, the registrar of the
             Court must cause the copy of the order filed under section 175
             to be sent to the Children's Court in the sending State.
       (5)   The revocation of the registration of an order does not prevent
30           the later re-registration of that order.



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     Division 5     General
     s. 180



                                Division 5 -- General
     180.       Legal representation of child
                Section 148 applies in relation to proceedings on an application
                for an order under section 164 or 170(1) as if those proceedings
5               were protection proceedings.

     181.       Effect of registration of transferred order
        (1)     In this section --
                "transferred order" means a child protection order transferred
                    to a participating State under section 158(1) or 164.
10      (2)     A home order ceases to have effect on the registration of the
                transferred order under an interstate law of the participating
                State.
        (3)     A home order that has ceased to have effect under
                subsection (2) is revived if the registration of the transferred
15              order is revoked under an interstate law of the participating
                State.
        (4)     The period for which a home order is revived is the balance of
                the period for which it would have remained in force but for the
                registration of the transferred order.

20   182.       Transfer of Court file
                The registrar of the Court must cause all documents filed in the
                Court in connection with a child protection proceeding, and an
                extract from any part of the register that relates to a child
                protection proceeding, to be sent to the Children's Court in a
25              participating State if, under this Part --
                  (a) the child protection order or proceeding is transferred to
                        the participating State;
                  (b) the decision or order to transfer the child protection
                        order or the order to transfer the child protection



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                                                          General  Division 5
                                                                        s. 183



                     proceeding (as the case requires) is not subject to appeal
                     or review or a stay; and
               (c)   the time for instituting an appeal or seeking a review has
                     expired.

5    183.    Hearing and determination of transferred proceeding
             In hearing and determining a child protection proceeding
             transferred to the Court under an interstate law, the Court --
               (a) is not bound by any finding of fact made in the
                     proceeding in the Children's Court in the sending State
10                   before its transfer; and
              (b)    may have regard to the transcript of, or any evidence
                     adduced in, the proceeding referred to in paragraph (a).

     184.    Disclosure of information
       (1)   Despite anything to the contrary in this Act, the CEO may
15           disclose to an interstate officer any information that has come to
             his or her notice in the performance of duties or exercise of
             powers under this Act if the CEO considers that it is necessary
             to do so to enable the interstate officer to perform duties or
             exercise powers under a child welfare law or an interstate law.
20     (2)   Any information disclosed to the CEO under a provision of a
             child welfare law or an interstate law that substantially
             corresponds to subsection (1) is to be taken for the purposes of
             any provision of this Act relating to the disclosure of
             information to have been information given directly to the CEO
25           instead of to an interstate officer.

     185.    Discretion of CEO to consent to transfer
       (1)   If, under an interstate law, there is a proposal to transfer a child
             protection order to this State, the CEO may consent or refuse to
             consent to the transfer and the proposed terms of the child
30           protection order to be transferred.



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     Division 5     General
     s. 186



        (2)     If, under an interstate law, there is a proposal to transfer a child
                protection proceeding to the Court, the CEO may consent or
                refuse to consent to the transfer.
     186.       Evidence of consent of relevant interstate officer
5               A document or copy of a document --
                 (a) purporting to be the written consent of the relevant
                      interstate officer to --
                         (i) the transfer of a child protection order to a
                              participating State and to the proposed terms of
10                            the child protection order to be transferred; or
                        (ii) the transfer of a child protection proceeding
                              pending in the Court to the Children's Court in a
                              participating State;
                      and
15               (b) purporting to be signed by the relevant interstate officer
                      or his or her delegate,
                is admissible in evidence in any proceeding under this Part and,
                in the absence of evidence to the contrary, is proof that consent
                in the terms appearing in the document was duly given by the
20              relevant interstate officer.
     187.       Offence to remove child
        (1)     A person must not, by any conduct carried out within the State,
                without lawful authority, remove a child from the place where
                the child lives under --
25                (a) a child protection order, other than a protection order
                        under Part 4; or
                  (b) an interim order.
                Penalty: $24 000 and imprisonment for 2 years.
        (2)     If conduct constitutes an offence under subsection (1) and under
30              a law of another State, a person who is convicted, found guilty
                or acquitted of the offence under that other law is not liable to
                be prosecuted for the offence under that subsection.

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                                            Employment of children        Part 7

                                                                                  s. 188



                   Part 7 -- Employment of children
     188.    Terms used in this Part
             In this Part, unless the contrary intention appears --
             "delivery work" means work that involves delivering
5                 newspapers, pamphlets or advertising material;
             "employ" in relation to a child, means to engage the child to
                  carry out work --
                  (a) whether or not the child receives payment or other
                         reward for the work; and
10                (b) whether or not the child is engaged under a contract
                         of service, a contract for services or any other
                         arrangement;
             "family business", in relation to a child, means a business,
                  trade or occupation carried on by a parent or other relative
15                of the child.

     189.    School Education Act 1999 not affected
             Nothing in this Part is to be taken to limit or otherwise affect the
             operation of the School Education Act 1999 section 29.
             Note: Section 29 of the School Education Act 1999 relates to the
20                 employment of children during school hours.

     190.    Prohibition on employment of child under 15
       (1)   A person must not employ a child under 15 years of age in a
             business, trade or occupation carried on for profit.
             Penalty: $24 000.
25     (2)   It is a defence to a charge under subsection (1) for a person to
             prove that the person believed on reasonable grounds, at the
             time the offence is alleged to have been committed, that the
             child had reached 15 years of age.




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     Part 7         Employment of children

     s. 191



        (3)     A parent of a child under 15 years of age must not permit the
                child to be employed in a business, trade or occupation carried
                on for profit.
                Penalty: $24 000.

5    191.       Exceptions to section 190
        (1)     Section 190(1) and (3) do not apply if the child is employed in a
                family business.
        (2)     Section 190(1) and (3) do not apply if the child is employed in a
                dramatic or musical performance or other form of entertainment
10              or in the making of an advertisement.
        (3)     Section 190(1) and (3) do not apply in relation to a child who
                has reached 10 years of age but is under 13 years of age if --
                 (a)   the child is employed to carry out delivery work
                       between 6 a.m. and 7 p.m.; and
15               (b)   while carrying out the delivery work, the child is
                       accompanied by --
                          (i) a parent of the child; or
                         (ii) an adult authorised in writing by a parent of the
                               child to accompany the child.
20      (4)     Section 190(1) and (3) do not apply in relation to a child who
                has reached 13 years of age if the child is employed to carry
                out --
                  (a) delivery work;
                  (b) work in a shop, other retail outlet or restaurant; or
25                (c) any other work of a kind prescribed for the purposes of
                        this subsection,
                between 6 a.m. and 10 p.m. with the written permission of a
                parent of the child.




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                                        Employment of children        Part 7

                                                                          s. 192



       (5)   Section 190(1) and (3) do not apply if --
              (a) the child is exempted under the School Education
                    Act 1999 section 11(1) and the conditions (if any) of the
                    exemption are being complied with; or
5             (b) the employment of the child is included in the
                    educational programme (as defined in the School
                    Education Act 1999 section 4) applicable to the child
                    and is consistent with the terms and conditions of the
                    programme.

10   192.    Prohibition on employment of child to perform in indecent
             manner
       (1)   A person who employs a child to perform in an indecent,
             obscene or pornographic manner in the course of participating
             in an entertainment or exhibition or in the making of an
15           advertisement is guilty of a crime, and is liable to imprisonment
             for 10 years.
       (2)   A parent of a child who permits the child to be employed to
             perform in an indecent, obscene or pornographic manner in the
             course of participating in an entertainment or exhibition or in
20           the making of an advertisement is guilty of a crime, and is liable
             to imprisonment for 10 years.
       (3)   For the purposes of this section but without limiting its
             application --
               (a) a child is employed to perform in an indecent, obscene
25                   or pornographic manner if, in the course of the child's
                     employment, the child --
                        (i) is engaged in an activity of a sexual nature;
                       (ii) is in the presence of another person who is
                            engaged in an activity of a sexual nature; or
30                    (iii) is required to pose or move in a manner
                            calculated to give prominence to sexual organs,
                            the anus or, in the case of a female, her breasts;
                     and

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     s. 193



                 (b)   a child's performance is in the course of participating in
                       an entertainment or exhibition if the performance --
                          (i) consists in whole or in part of modelling or
                               posing of any kind;
5                        (ii) is only for the person employing the child or for
                               some other particular person or a class of people;
                        (iii) is communicated in any way to an audience of
                               one or more people;
                        (iv) is recorded in any way for later visual or audible
10                             presentation to an audience of one or more
                               people; or
                         (v) can be viewed on the Internet or in any other
                               way.
        (4)     Without limiting the definition of "employ" in section 188, if a
15              child participates in an entertainment or exhibition carried on
                for profit or in the making of an advertisement for commercial
                purposes, then for the purposes of this section the person who
                carries on the entertainment or exhibition or makes the
                advertisement employs the child.

20   193.       Power of CEO to prohibit or limit employment of child
        (1)     In this section --
                "notice" means a notice under subsection (2).
        (2)     If the CEO is of the opinion that the wellbeing of a particular
                child is likely to be jeopardised by the fact that the child is
25              employed, or the nature or extent of the work that the child is
                employed to carry out, the CEO may, by written notice given to
                a parent of the child --
                  (a) prohibit the employment of the child; or
                  (b) impose limitations on the employment of the child.
30      (3)     A notice may be expressed to apply to employment generally, to
                specified employment, or to employment of a specified kind.


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                                                                         s. 194



       (4)   The CEO must give a copy of a notice to --
              (a) the child; and
              (b) the employer of the child.
       (5)   A person must not employ a child in contravention of a notice.
5            Penalty: $36 000 and imprisonment for 3 years.
       (6)   A parent of a child must not permit the child to be employed in
             contravention of a notice.
             Penalty: $36 000 and imprisonment for 3 years.
       (7)   It is a defence to a charge under subsection (5) or (6) for a
10           person to prove that, at the time the offence is alleged to have
             been committed, the person --
                (a) had not been given the notice or a copy of the notice in
                      respect of the child; and
               (b) was otherwise unaware of the contents of that notice.

15   194.    False information
             A child or a parent of a child must not give false or misleading
             information to an employer or prospective employer of the child
             about --
               (a) the age of the child;
20             (b) the matter of whether or not there is a notice in respect
                    of the child under section 193(2);
               (c) the matter of whether or not there is an exemption in
                    respect of the child under the School Education
                    Act 1999 section 11(1).
25           Penalty: $6 000.

     195.    Powers of authorised officers
       (1)   In this section --
             "authorised officer" includes an industrial inspector appointed
                 under the Industrial Relations Act 1979.


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        (2)     An authorised officer may, at any reasonable time, enter a place
                in which a child is employed, or in which the authorised officer
                believes on reasonable grounds a child is employed, for the
                purpose of inspecting the place and making such inquiries in
5               relation to the employment of a child in the place as the
                authorised officer considers appropriate.
        (3)     Without limiting subsection (2), an authorised officer may
                require any person in the place to answer any question put to
                that person in relation to the employment of a child in the place.
10      (4)     If under subsection (3) an authorised officer requires a person to
                answer a question, the officer must inform that person that the
                person is required under this Act to answer the question.
        (5)     A person must not --
                  (a)  refuse or fail to answer a question when required to do
15                     so under subsection (3); or
                 (b) in purporting to comply with a requirement under
                       subsection (3), give an answer that the person knows is
                       false or misleading.
                Penalty: $6 000.
20      (6)     A person is not excused from answering a question, when
                required to do so under subsection (3), on the ground that the
                answer might incriminate the person or render the person liable
                to a penalty, but that answer is not admissible in evidence
                against the person in any civil or criminal proceedings other
25              than proceedings for an offence under subsection (5)(b).

     196.       Proceedings against employers may be taken by industrial
                inspectors
        (1)     The powers of an industrial inspector appointed under the
                Industrial Relations Act 1979 extend to the prosecution of a
30              complaint against a person for an offence under
                section 190(1), 193(5) or 195(5).



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                                                                  s. 196



(2)   An industrial magistrate's court established under the
      Industrial Relations Act 1979 Part III has jurisdiction to hear
      and determine complaints prosecuted by industrial inspectors
      under subsection (1).




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     Division 1     Introductory matters
     s. 197



                        Part 8 -- Child care services
                       Division 1 -- Introductory matters
     197.       Terms used in this Part
                In this Part, unless the contrary intention appears --
5               "applicant" means --
                     (a) if a licence is applied for on behalf of a public
                           authority, the public authority; or
                     (b) otherwise, a person who applies for a licence;
                "application" means an application for a licence;
10              "child care service" has the meaning given to that term in
                    section 198;
                "corporate applicant" means an applicant that is a body
                    corporate other than a public authority;
                "criminal record check" means a document issued by the
15                  Australian Federal Police or another body or agency
                    approved by the CEO that sets out the criminal convictions
                    of an individual for offences under the law of Western
                    Australia, the Commonwealth, another State or a Territory;
                "equivalent authority" means --
20                   (a) a licence or permit issued under the Community
                           Services Act 1972 section 17B before its repeal by
                           this Act; or
                     (b) a licence, permit or other authority (however
                           described) relating to the provision of a child care
25                         service or similar service in another State or a
                           Territory;
                "family day care service" means a child care service provided
                    at a place where --
                     (a) the person providing the service lives; and
30                   (b) none of the children to whom the service is provided
                           live;

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                                   Introductory matters  Division 1
                                                              s. 197



     "individual applicant" means an applicant who is an
          individual;
     "licence" means a licence under this Part;
     "licensee" means a person who holds a licence;
5    "managerial officer", in relation to a corporate applicant,
          means --
          (a) a director or secretary of the body;
          (b) if the applicant is an incorporated association as
                defined in the Associations Incorporation Act 1987
10              section 3, a member of the committee of the
                association;
          (c) a person who holds 50% or more of the issued shares
                of the body; and
          (d) any other person who, in the opinion of the CEO,
15              exercises or exerts control or influence over the body,
                or is in a position to do so;
     "nominated supervising officer" means the person nominated
          in an application made by a corporate applicant or a public
          authority as the person who will be responsible for the
20        day-to-day supervision and control of the child care service
          to which the application relates;
     "prescribed offence" means an offence prescribed, or of a class
          prescribed, in the regulations;
     "supervising officer" for a child care service means --
25        (a) if a licence in respect of the service is granted to an
                individual --
                   (i) the licensee; or
                  (ii) a person appointed under the regulations to
                         act in place of the licensee;




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     Children and Community Services Bill 2003
     Part 8         Child care services
     Division 1     Introductory matters
     s. 198



                    (b)   if a licence in respect of the service is granted to a
                          corporate applicant or a public authority --
                             (i) the person specified in the licence document
                                   relating to the service as the person
5                                  responsible for the day-to-day supervision and
                                   control of the service; or
                            (ii) a person appointed under the regulations to
                                   act in place of the person referred to in
                                   subparagraph (i);
10              "suspension notice" means a notice under section 220(1);
                "usual occupant", in relation to an application that relates to a
                    family day care service, means --
                    (a) a person other than the applicant who usually lives at
                          the place where the service will be provided; or
15                  (b) any other person who is likely to be present at that
                          place at the times when the service will be provided.

     198.       Meaning of "child care service"
        (1)     A "child care service" is a service for the casual, part-time or
                day-to-day care of a child or children under 13 years of age, or
20              such other age as may be prescribed for the purposes of this
                subsection, that is provided --
                  (a) for payment or reward, whether directly or indirectly
                       through payment or reward for some other service;
                  (b) as a benefit of employment; or
25                (c) as an ancillary service to a commercial or recreational
                       activity.
        (2)     The term "child care service" does not include --
                 (a) care provided to a child by a parent or other relative of
                       the child or a carer of the child;
30               (b) care provided to a child by a person having contact with
                       the child in accordance with a contact order under the
                       Family Court Act 1997;

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                                            Child care services       Part 8
                                           Introductory matters  Division 1
                                                                      s. 199



               (c)   care provided to a child in accordance with an approval
                     under section 104(3);
              (d)    care provided to a child --
                        (i) at the place where the child lives; or
5                      (ii) substantially at that place;
               (e)   care provided to a child enrolled at a school if --
                        (i) the child has reached 3 years of age; and
                       (ii) the care is provided in the course of the child's
                             participation in an educational programme under
10                           the School Education Act 1999;
               (f)   care provided to a child at a hospital or similar place
                     while the child is a patient at that hospital or place; or
              (g)    care of a kind that is excluded by the regulations from
                     the application of subsection (1).

15   199.    Guiding principles
       (1)   In the administration of this Part and regulations referred to in
             section 232 the following principles must be observed --
               (a) the principle that a child care service should be provided
                     to a child in a way that --
20                      (i) protects the child from harm;
                       (ii) respects the child's dignity and privacy;
                      (iii) safeguards and promotes the child's wellbeing;
                      (iv) provides positive experiences for the child; and
                       (v) stimulates and develops the child's creative,
25                           emotional, intellectual, physical, recreational and
                             social potential;
               (b) the principle that child care services should be provided
                     in a way that --
                        (i) involves parents of the children to whom the
30                           services are provided and other members of the
                             community; and

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     Division 2     Licensing requirement
     s. 200



                         (ii)   reflects the diverse nature of the community.
        (2)     The principles set out in subsection (1) are in addition to, and do
                not derogate from, the principles set out in Part 2 Divisions 2
                and 3.

5    200.       Crown bound
                This Part binds the Crown in right of the State and, so far as the
                legislative power of Parliament permits, the Crown in all its
                other capacities.

                       Division 2 -- Licensing requirement
10   201.       Requirement for licence
                A person must not provide a child care service at a place except
                under and in accordance with a licence authorising the provision
                of the service at that place.
                Penalty:
15                   (a) for a first offence, $12 000 and imprisonment for
                           one year, and a daily penalty of $600;
                     (b) for a subsequent offence, $24 000 and imprisonment
                           for 2 years, and a daily penalty of $1 200.

              Division 3 -- Application for and grant of licence
20   202.       Who may apply for licence
                An application for a licence may be made to the CEO by --
                 (a) an individual;
                 (b) a body corporate; or
                 (c) in the case of a public authority that is not a body
25                     corporate, the chief executive officer (however
                       described) of the public authority on behalf of the
                       authority.



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                              Application for and grant of licence Division 3
                                                                       s. 203



     203.    Application for licence
             An application must be --
              (a)    in writing in a form approved by the CEO;
              (b)    accompanied by any document or information that is
5                    prescribed; and
               (c)   accompanied by the prescribed fee (if any).

     204.    Further information relevant to application
       (1)   The CEO may ask an applicant for any additional document or
             information that the CEO considers is or could be relevant to
10           making a decision on the application.
       (2)   Without limiting subsection (1), for the purpose of deciding
             whether or not an individual applicant or a nominated
             supervising officer is a fit and proper person to provide or be
             involved in the provision of a child care service, the CEO may
15           ask the applicant or nominated supervising officer to do any or
             all of the following --
               (a) undergo an oral or written assessment as to his or her
                      knowledge and understanding of --
                        (i) the operation of this Part and the regulations; and
20                     (ii) the field of child development;
               (b) undergo a medical, psychiatric or psychological test or
                      examination specified by the CEO;
               (c) provide a reference or report specified by the CEO.
       (3)   If the CEO makes a request under subsection (1) or (2), the
25           CEO does not have to consider the application, or consider it
             further, until the request is complied with.
       (4)   Any costs incurred in complying with a request under
             subsection (1) or (2) are to be paid by the applicant unless the
             CEO determines otherwise.




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     Division 3     Application for and grant of licence
     s. 205



     205.       Grant of licence
        (1)     The CEO may grant a licence to a person authorising the person
                to provide a specified type of child care service at a specified
                place.
5       (2)     In subsection (1) --
                "specified" means specified in the licence document.
        (3)     A licence cannot be granted in respect of more than one child
                care service.
        (4)     A licence cannot be granted to 2 or more persons.
10      (5)     A person may be granted 2 or more licences whether for the
                same type of child care service or for different types of child
                care service.

     206.       General restrictions on grant of licence
        (1)     The CEO must not grant a licence if there are reasonable
15              grounds for believing that the provision of the child care service
                to which the application relates would constitute an
                unacceptable risk to the wellbeing of children for whom the
                service would be provided.
        (2)     The CEO must not grant a licence unless the CEO is satisfied
20              that --
                  (a) the applicant is capable of providing a child care service
                       in accordance with the regulations and the terms and
                       conditions of the licence;
                  (b) the place at which the child care service is, or child care
25                     services are, to be provided is suitable for that purpose;
                  (c) a licence or equivalent authority granted or issued to the
                       applicant has not been cancelled in the period of 5 years
                       before the application is made;
                  (d) the applicant is of sound financial reputation and stable
30                     financial background; and


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                                              Child care services      Part 8
                              Application for and grant of licence Division 3
                                                                       s. 207



               (e)   if the application relates to the provision of a family day
                     care service, each usual occupant is a fit and proper
                     person to associate with children.

     207.    Restrictions on grant of licence: individual applicant
5      (1)   The CEO must not grant a licence to an individual applicant if
             the applicant has been found guilty of a prescribed offence
             unless the CEO is satisfied that there are exceptional reasons for
             doing so.
       (2)   The CEO must not grant a licence to an individual applicant
10           unless the CEO is satisfied that the applicant --
               (a) has the ability to supervise and control on a day-to-day
                     basis the provision of the child care service to which the
                     application relates; and
              (b) is otherwise a fit and proper person to provide a child
15                   care service.

     208.    Restrictions on grant of licence: corporate applicant
       (1)   The CEO must not grant a licence to a corporate applicant if the
             nominated supervising officer or a managerial officer has been
             found guilty of a prescribed offence unless the CEO is satisfied
20           that there are exceptional reasons for doing so.
       (2)   The CEO must not grant a licence to a corporate applicant
             unless the CEO is satisfied that --
               (a) a licence or equivalent authority granted or issued to the
                     nominated supervising officer or a managerial officer
25                   has not been cancelled in the period of 5 years before
                     the application is made;
              (b) the nominated supervising officer is not the supervising
                     officer for another child care service that is or will be
                     provided at a time when the child care service to which
30                   the application relates will be provided;
               (c) the nominated supervising officer has the ability to
                     supervise and control on a day-to-day basis the

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     Children and Community Services Bill 2003
     Part 8         Child care services
     Division 3     Application for and grant of licence
     s. 209



                       provision of the child care service to which the
                       application relates; and
                 (d)   the nominated supervising officer and each managerial
                       officer are otherwise fit and proper people to be
5                      involved in the provision of a child care service.

     209.       Restrictions on grant of licence: public authority
        (1)     The CEO must not grant a licence to a public authority if the
                nominated supervising officer has been found guilty of a
                prescribed offence unless the CEO is satisfied that there are
10              exceptional reasons for doing so.
        (2)     The CEO must not grant a licence to a public authority unless
                the CEO is satisfied that --
                  (a) a licence or equivalent authority granted or issued to the
                      nominated supervising officer has not been cancelled in
15                    the period of 5 years before the application is made;
                  (b) the nominated supervising officer is not the supervising
                      officer for another child care service that is or will be
                      provided at a time when the child care service to which
                      the application relates will be provided;
20                (c) the nominated supervising officer has the ability to
                      supervise and control on a day-to-day basis the
                      provision of the child care service to which the
                      application relates; and
                  (d) the nominated supervising officer is otherwise a fit and
25                    proper person to be involved in the provision of a child
                      care service.

     210.       Licence document
                If the CEO grants a licence to a person the CEO must issue to
                the person a licence document that contains the prescribed
30              details.




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                             Licence conditions and amendment    Division 4
                                                                      s. 211



     211.    Licence not transferable
             A licence is not transferable.

             Division 4 -- Licence conditions and amendment
     212.    Condition as to supervision and control
5            It is a condition of every licence that the supervising officer for
             the child care service is present at the place where the service is
             provided at the times when the service is provided except to the
             extent (if any) that the regulations otherwise provide.

     213.    Other conditions
10     (1)   The CEO may grant a licence subject to any conditions that the
             CEO considers appropriate.
       (2)   The regulations may prescribe conditions that are taken to be
             attached to --
               (a) all licences; or
15             (b) all licences relating to a particular type of child care
                     service,
             unless otherwise specified in the licence.

     214.    Contravention of conditions
             A licensee who contravenes a condition of the licence commits
20           an offence.
             Penalty: $12 000.

     215.    Amendment of licence
       (1)   The CEO may, by written notice given to the licensee, amend a
             licence.
25     (2)   An amendment may be made on application made by the
             licensee or on the CEO's own initiative.



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     Part 8         Child care services
     Division 5     Duration and renewal
     s. 216



        (3)     For the purposes of this section --
                "amend" includes --
                     (a) impose any new condition; and
                     (b) change or remove any existing condition (other than
5                         the condition referred to in section 212).

                        Division 5 -- Duration and renewal
     216.       Duration of licence
        (1)     A licence has effect for the period specified in the licence
                document unless --
10                (a) section 217(3) applies;
                 (b) it is suspended under section 220;
                  (c) it is cancelled under section 224; or
                 (d) it is surrendered in accordance with the regulations.
        (2)     The period specified in the licence document must not exceed
15              3 years from the day on which the licence is granted or renewed.

     217.       Application for renewal of licence
        (1)     A licensee may apply to the CEO for the renewal of a licence.
        (2)     An application for renewal must be --
                 (a)    in writing in a form approved by the CEO;
20               (b)    lodged with the CEO within the prescribed time or any
                        further time that the CEO in a particular case allows;
                  (c)   accompanied by any document or information that is
                        prescribed; and
                 (d)    accompanied by the prescribed fee (if any).
25      (3)     If an application for renewal is made in accordance with this
                section the licence continues to have effect until the application
                is determined unless the licence is suspended under section 220
                or cancelled under section 224.


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                                            Child care services       Part 8
                                   Suspension and cancellation   Division 6
                                                                      s. 218



       (4)   Section 204 applies as if the application for renewal were an
             application for a licence.

     218.    Restrictions on renewal of licence
             The CEO must not renew a licence if --
5             (a) the CEO is no longer satisfied as to any matter referred
                   to in section 206(2), 207, 208 or 209 that was relevant to
                   the decision to grant the licence;
              (b) the CEO is satisfied that the licensee has persistently or
                   frequently contravened the regulations or a term or
10                 condition of the licence; or
              (c) there are reasonable grounds for believing that the
                   continued provision of the child care service to which
                   the application relates would constitute an unacceptable
                   risk to the wellbeing of children for whom the service is
15                 provided.

     219.    Renewal of licence
             If the CEO renews a licence the CEO may --
               (a) renew it subject to any existing condition;
               (b) impose any new condition; or
20             (c) change or remove any existing condition (other than the
                     condition referred to in section 212).

                Division 6 -- Suspension and cancellation
     220.    Suspension of licence
       (1)   The CEO may, subject to section 221, by written notice given to
25           the licensee, suspend a licence if there are reasonable grounds
             for believing that --
               (a) the licensee has contravened a term or condition of the
                     licence;
               (b) the licensee has contravened a provision of the
30                   regulations; or

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     Children and Community Services Bill 2003
     Part 8         Child care services
     Division 6     Suspension and cancellation
     s. 221



                 (c)   the continued provision of the child care service
                       constitutes or would constitute an unacceptable risk to
                       the wellbeing of the children for whom the service is
                       provided.
5       (2)     The suspension notice must --
                 (a) state the day, or the day and time, on or at which the
                       suspension takes effect;
                 (b) state the reasons for the CEO's decision to suspend the
                       licence;
10               (c) where appropriate, indicate what steps need to be taken
                       to ensure that there is compliance with the relevant
                       provision, term or condition or that there is no longer a
                       risk as described in subsection (1)(c); and
                 (d) inform the licensee that the licensee has a right to apply
15                     under section 225 for a review of the CEO's decision to
                       suspend the licence.

     221.       Notice of proposed suspension
        (1)     If the CEO proposes to suspend a licence for a reason other than
                the reason mentioned in section 220(1)(c), the CEO must give
20              written notice to the licensee of the proposed suspension.
        (2)     The notice must --
                 (a) state that the CEO proposes to suspend the licence;
                 (b) state the reasons for the proposed suspension; and
                 (c) inform the licensee that the licensee is entitled to make
25                     representations to the CEO in respect of the proposed
                       suspension within 21 days after the day on which the
                       licensee is given the notice.
        (3)     In considering whether to suspend the licence the CEO must
                have regard to any representations made by the licensee within
30              the period referred to in subsection (2)(c).




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                                            Child care services       Part 8
                                   Suspension and cancellation   Division 6
                                                                      s. 222



     222.    Revocation of suspension
       (1)   The CEO must, by written notice given to the licensee, revoke
             the suspension of a licence if the CEO is satisfied that the steps
             specified in the suspension notice have been taken.
5      (2)   The CEO may, by written notice given to the licensee, revoke
             the suspension of a licence if it is appropriate to do so in the
             circumstances of the particular case.

     223.    Duration of suspension
             The suspension of a licence has effect on and from the day, or
10           the day and time, specified in the suspension notice until one of
             the following happens --
               (a) the suspension is revoked under section 222;
               (b) the licence is cancelled under section 224 or expires; or
               (c) the licence is surrendered in accordance with the
15                   regulations.

     224.    Cancellation of licence
       (1)   Grounds for the cancellation of a licence exist if --
              (a)    the licence was obtained improperly;
              (b)    the CEO can no longer be satisfied as to a matter
20                   referred to in section 206(2), 207, 208 or 209 that was
                     relevant to the decision to grant the licence;
               (c)   the licensee has persistently or frequently contravened a
                     term or condition of the licence or a provision of the
                     regulations, whether or not the licence is or has been
25                   suspended on the grounds of that contravention; or
              (d)    there are reasonable grounds for believing that the
                     continued provision of the child care service constitutes
                     or would constitute an unacceptable risk to the
                     wellbeing of the children for whom the service is
30                   provided, whether or not the licence has been suspended
                     on the grounds of that risk.


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     Children and Community Services Bill 2003
     Part 8         Child care services
     Division 7     Review
     s. 225



        (2)     If the CEO considers that grounds for the cancellation of a
                licence exist the CEO may refer the matter to the State
                Administrative Tribunal.
        (3)     The CEO must give written notice of a referral under
5               subsection (2) to the licensee as soon as practicable after the
                referral is made.
        (4)     In proceedings commenced by a referral under subsection (2)
                the State Administrative Tribunal may, if it is satisfied that
                grounds for the cancellation of the licence exist, cancel the
10              licence.

                                Division 7 -- Review
     225.       Review by State Administrative Tribunal
        (1)     A person who is aggrieved by a reviewable decision may apply
                to the State Administrative Tribunal for a review of the
15              decision.
        (2)     In subsection (1) --
                "person aggrieved" means --
                    (a) a person upon whose application a reviewable
                         decision is made; or
20                  (b) the holder of the licence to which a reviewable
                         decision relates;
                "reviewable decision" means a decision of the CEO --
                    (a) to refuse to grant or renew a licence;
                    (b) as to the period for which a licence is granted or
25                       renewed;
                    (c) to grant or renew a licence subject to a particular
                         condition;
                    (d) to amend a licence under section 215; or
                    (e) to suspend a licence under section 220.



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                                    Children and Community Services Bill 2003
                                             Child care services       Part 8
                                                        General   Division 8
                                                                       s. 226



                             Division 8 -- General
     226.    Advertising
             A person must not advertise, or otherwise hold out in any way,
             that the person provides a child care service unless the person
5            holds a licence authorising the provision of the service.
             Penalty: $6 000.

     227.    Production of licence document for amendment
             If the CEO amends or renews a licence, the licensee must, if
             required by the CEO, produce the licence document to the CEO
10           for amendment within the period specified by the CEO.
             Penalty: $6 000.

     228.    Return of licence document if licence no longer in effect
             If a licence --
               (a) has expired and has not been renewed;
15             (b) has been suspended or cancelled; or
               (c) has been surrendered in accordance with the regulations,
             the person who was the licensee must, as soon as practicable
             after the expiry, suspension, cancellation or surrender, return the
             licence document to the CEO.
20           Penalty: $6 000.

     229.    Power to exempt
       (1)   The Minister may, by order published in the Gazette, exempt a
             specified child care service or a child care service of a specified
             type from the application of --
25             (a) section 201;
               (b) the regulations; or
               (c) a specified provision of the regulations.



                                                                       page 137
     Children and Community Services Bill 2003
     Part 8         Child care services
     Division 8     General
     s. 230



        (2)     In subsection (1) --
                "specified" means specified in the order.
        (3)     The Minister may, by order published in the Gazette, amend or
                revoke an order made under subsection (1).
5       (4)     In the exercise of the powers conferred by subsections (1) and
                (2), the Minister must have regard to --
                  (a) the best interests of the children for whom the child care
                         service is proposed to be provided and any special needs
                         or interests of those children;
10                (b) the views of parents of children for whom the service is
                         intended;
                  (c) the needs of the locality in which a child care service is
                         proposed or the children for whom the child care service
                         is proposed and the extent to which those needs are
15                       being met; and
                  (d) the desirability of or need for short-term, special,
                         innovative, experimental, culturally appropriate and
                         culturally specific child care services.

     230.       Evidentiary certificate
20      (1)     In proceedings for an offence under this Part production of a
                certificate containing a statement described in subsection (2)
                and purporting to be signed by the CEO is, without proof of any
                appointment or signature, evidence of the facts stated in the
                certificate.
25      (2)     The certificate may state any of the following --
                 (a)   that a person has or had, or does not or did not have, a
                       licence in relation to a particular child care service;
                 (b)   that a licence did or did not specify a particular place;
                 (c)   the conditions to which a licence is or was subject;
30               (d)   the day, days or period on or during which anything
                       referred to in any of paragraphs (a) to (c) applied.


     page 138
                                   Children and Community Services Bill 2003
                                            Child care services       Part 8
                                                       General   Division 8
                                                                      s. 231



     231.    Powers of entry and inspection
       (1)   In this section --
             "licensing officer" means an officer appointed under section 25
                  for the purposes of this Part.
5      (2)   A licensing officer may --
              (a) enter at any reasonable time any place specified in a
                    licence as a place at which a child care service may be
                    provided and inspect that place and any equipment or
                    other thing at that place;
10            (b) require any person who is at a place entered in
                    accordance with this section to provide any information
                    that is necessary for the purpose of investigating
                    compliance with the licence or the regulations; and
              (c) inspect and for that purpose require the production of,
15                  any register, record or other document that any person is
                    required by the regulations to keep and copy or take
                    extracts from any such register, record or other
                    document.
       (3)   A person must not, without lawful excuse, fail to comply with a
20           requirement under subsection (2)(b) or (c).
             Penalty: $6 000.
       (4)   If a magistrate is satisfied by evidence on oath that there are
             reasonable grounds to suspect that a child care service is being
             provided at a place other than a place at which such a service
25           may be provided under a licence, the magistrate may issue a
             warrant to a licensing officer or a police officer authorising the
             officer to enter and inspect that place.

     232.    Regulations
             Without limiting section 248(1), the regulations may --
30            (a) prescribe types of child care service and make different
                   provisions for or in respect of each of those types;


                                                                       page 139
     Children and Community Services Bill 2003
     Part 8         Child care services
     Division 8     General
     s. 232



                (b)    regulate applications for licences, objections to the grant
                       of licences, the amendment of licences, and the
                       surrender of licences;
                (c)    confer power on the CEO to conduct any check
5                      (including a criminal record check) that the CEO
                       considers appropriate as to the character and background
                       of a person for the purpose of determining whether the
                       person is a fit and proper person to provide or be
                       involved in the provision of a child care service or to
10                     associate with children, as the case requires;
                (d)    prescribe matters to which the CEO must have regard in
                       determining whether a particular person is a fit and
                       proper person to provide or be involved in the provision
                       of a child care service or to associate with children, as
15                     the case requires;
                (e)    without limiting section 203(b), prescribe the documents
                       (including a criminal record check) and information to
                       be provided by an applicant or licensee in connection
                       with an application or the provision of a child care
20                     service, as the case requires;
                (f)    require a licensee to notify the CEO of changes in
                       circumstances relating to or affecting the provision of a
                       child care service including, without limitation, a change
                       of supervising officer or managerial officer;
25              (g)    provide for and in relation to the appointment of
                       supervising officers and persons to act in their place;
                (h)    provide for the powers and duties of licensing officers;
                 (i)   regulate the staffing requirements for the provision of
                       child care services;
30              (j)    confer power on the CEO to conduct a criminal record
                       check of any member of the staff of a child care service;
                (k)    prescribe requirements as to the health and safety of
                       children during the provision of child care services;



     page 140
                          Children and Community Services Bill 2003
                                   Child care services       Part 8
                                              General   Division 8
                                                             s. 232



      (l)   require a licensee or a member of the staff of a child
            care service from time to time to undergo medical
            examinations or to provide any documents (including a
            criminal record check) or information relevant to the
5           health and safety of children during the provision of the
            child care service;
     (m)    regulate the building and other physical environment
            requirements for the provision of child care services;
     (n)    regulate programmes of activities and equipment to be
10          provided for child care services;
     (o)    regulate the administration of child care services, the
            records to be maintained and the returns to be made;
     (p)    provide for the continued operation of a child care service
            in an emergency situation or in circumstances where the
15          licence relating to the service is suspended or cancelled;
     (q)    confer power on the CEO in special circumstances in
            particular cases to grant exemptions from provisions of the
            regulations for periods specified in the exemptions and to
            impose conditions subject to which an exemption applies;
20   (r)    confer power on, or require, the CEO to notify the
            parents of children for whom a child care service is
            provided of any prescribed matter relating to or affecting
            the provision of the service;
     (s)    prescribe fees payable --
25             (i) in respect of applications for the grant or renewal
                    of licences, including fees by way of penalty for
                    late lodgment of applications; and
              (ii) for the grant or renewal of licences;
     (t)    require any document or information provided by an
30          applicant or a licensee to be verified by statutory
            declaration;
     (u)    provide for transitional matters; and
     (v)    establish a mechanism for the review of the regulations.


                                                              page 141
     Children and Community Services Bill 2003
     Part 9         Provision of financial or other assistance

     s. 233



        Part 9 -- Provision of financial or other assistance
     233.       Power to provide financial or other assistance
        (1)     The CEO may provide a person with financial or other
                assistance if the CEO is satisfied that the person is in need of
5               such assistance.
        (2)     Assistance may be provided under subsection (1) in such form,
                and on such terms and conditions, as the CEO considers
                appropriate.
        (3)     Without limiting subsection (2), in the case of financial
10              assistance, the terms and conditions may include provisions as
                to repayment and the recovery of outstanding amounts.

     234.       Power to assist with funeral expenses
        (1)     Without limiting section 233(1), the CEO may pay, or assist in
                the payment of, funeral expenses if the CEO is satisfied that in
15              the circumstances of a particular case it is appropriate to do so.
        (2)     Payment may be made, or assistance provided, under
                subsection (1) on such terms and conditions as the CEO
                considers appropriate.
        (3)     Without limiting subsection (2), the terms and conditions may
20              include provisions as to repayment and the recovery of
                outstanding amounts.

     235.       Application for assistance
        (1)     In this section and section 236 --
                "application for assistance" means --
25                   (a) an application for assistance under section 233; or
                     (b) an application for payment, or assistance in payment,
                            of funeral expenses under section 234.
        (2)     An application for assistance must be made in the form, and in
                accordance with the procedure, approved by the CEO.

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                                   Children and Community Services Bill 2003
                        Provision of financial or other assistance    Part 9

                                                                        s. 236



       (3)   The CEO may require the applicant to provide any information
             that the CEO considers necessary for the purposes of
             determining an application for assistance.

     236.    Recovery of overpayments in certain circumstances
5            Where as a consequence of --
              (a)   a false or misleading statement in an application for
                    assistance referred to in section 235; or
              (b)   the provision of false or misleading information,
             money is paid to a person under this Part that would not have
10           been paid but for the false or misleading statement or
             information, the CEO may recover from that person the amount
             paid in a court of competent jurisdiction as a debt due to the
             State.




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     Children and Community Services Bill 2003
     Part 10        Confidentiality provisions

     s. 237



                   Part 10 -- Confidentiality provisions
     237.       Restriction on publication of certain information or material
        (1)     In this section --
                "old order" means an order under the repealed Child Welfare
5                    Act 1947 committing a child to the care of the Department
                     or placing a child under the control of the Department;
                "publish" means to bring to the notice of the public or a section
                     of the public by means of newspaper, television, radio, the
                     Internet or any other form of communication.
10      (2)     A person must not, except in accordance with a written
                authorisation given under this section, publish information or
                material that identifies, or is likely to lead to the identification
                of, another person (the "identified person") as --
                  (a) a person who is or was a child the subject of an
15                      investigation referred to in section 32(1)(d);
                  (b) a person who is or was a child the subject of a protection
                        application or an application for an old order; or
                  (c) a person who is or was a child the subject of a protection
                        order or an old order.
20              Penalty: $12 000 and imprisonment for one year.
        (3)     If the identified person is under 18 years of age, written
                authorisation for the publication of information or material to
                which subsection (2) applies may be given by the CEO.
        (4)     If the identified person has reached 18 years of age, written
25              authorisation for the publication of information or material to
                which subsection (2) applies may be given --
                  (a) by the identified person; or
                  (b) if the identified person is dead or cannot be found after
                         reasonable inquiries, by the CEO.




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                                   Children and Community Services Bill 2003
                                       Confidentiality provisions   Part 10

                                                                         s. 238



       (5)   Subsection (2) does not apply to information or material
             contained in a report of proceedings to which the Children's
             Court of Western Australia Act 1988 section 35(1) applies.

     238.    Production of departmental records
5      (1)   In this section --
             "departmental record" means a document in the records of the
                 Department that relates to a child, a child's parent or a
                 child's carer.
       (2)   This section applies if a party to any legal proceedings lawfully
10           requires --
               (a) the CEO or another officer to produce to the party, or
                     the court or tribunal concerned, a departmental record;
                     or
               (b) an officer or employee of a public authority to produce
15                   to the party, or the court or tribunal concerned, a
                     departmental record to which that public authority has
                     been given access.
       (3)   The party requiring production of the departmental record must
             describe the record --
20             (a) by reference to the person or people to whom it relates;
               (b) by reference to the period to which it relates; and
               (c) by general reference to the circumstances to which it
                    relates.
       (4)   The party requiring production of the departmental record must
25           show that the circumstances to which the departmental record
             relates are relevant to the proceedings.
       (5)   A person must not, directly or indirectly, record, disclose or
             make use of information in a departmental record produced in
             response to a requirement referred to in subsection (2) other
30           than for a purpose connected with the proceedings.
             Penalty: $12 000.


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     Children and Community Services Bill 2003
     Part 10        Confidentiality provisions

     s. 239



        (6)     If a departmental record is produced to a court or tribunal in
                response to a requirement referred to in subsection (2), the court
                or tribunal must take reasonable steps to ensure that access to
                the record is limited to one or more of the following people --
5                 (a) a party to the proceedings;
                  (b) a legal representative of a party to the proceedings;
                  (c) an expert witness in the proceedings;
                  (d) if the proceedings are in the Family Court --
                           (i) a family and child counsellor as defined in the
10                              Family Court Act 1997;
                          (ii) a welfare officer as defined in that Act; or
                         (iii) any other person required or directed under that
                                Act to prepare a report on matters relevant to the
                                proceedings;
15                (e) a person who can show that the CEO has authorised his
                        or her access to the record;
                   (f) a person considered by the court or tribunal to have a
                        direct interest in the proceedings.
        (7)     A person referred to in subsection (6) who has been given
20              access to a departmental record by a court or tribunal must not,
                without the approval of the court or tribunal, make a copy of, or
                otherwise reproduce, the record.
                Penalty: $6 000.
        (8)     For the purposes of subsection (7), the court or tribunal may
25              give approval on such conditions, including conditions about the
                return or destruction of copies or reproductions made, as the
                court or tribunal thinks fit.

     239.       Objection to disclosure of certain information during
                proceedings
30      (1)     A person may, in any legal proceedings, object to disclosing
                information obtained by, or made available to, the person in the
                performance of functions under this Act, or in the provision of

     page 146
                                    Children and Community Services Bill 2003
                                        Confidentiality provisions   Part 10

                                                                            s. 240



             social services under an agreement referred to in section 15(1),
             on the grounds that --
               (a) its disclosure endangers, or is likely to endanger, a
                     person's safety or psychological health;
5              (b) it is a record of confidential counselling with a child or a
                     child's relative; or
               (c) it is information personal to a child, a child's relative or
                     a child's carer and the person reasonably believes that it
                     is not materially relevant to the proceedings.
10     (2)   If an objection is made under subsection (1), the court or
             tribunal concerned must consider the objection and may order
             the disclosure of the information if satisfied that --
                (a) it is materially relevant to the proceedings; and
               (b) there is compelling reason in the public interest for its
15                   disclosure.
       (3)   For the purpose of enabling the court or tribunal to decide
             whether to make an order under subsection (2), the court or
             tribunal may direct the person to disclose the information to the
             court or tribunal in private and may give directions as to who
20           may be present when the information is disclosed.
       (4)   The court or tribunal must deal with information disclosed
             under this section in a way that prevents, as far as practicable,
             its further disclosure.

     240.    Confidentiality of notifier's identity
25     (1)   In this section --
             "identifying information", in relation to a notifier, means
                  information --
                  (a) that identifies the notifier;
                  (b) that is likely to lead to the identification of the
30                       notifier; or



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     Children and Community Services Bill 2003
     Part 10        Confidentiality provisions

     s. 240



                    (c)   from which the identity of the notifier could be
                          deduced;
                "notifier" means a person who in good faith gives information,
                    or causes information to be given, to the CEO or another
5                   officer that raises concerns about the wellbeing of a child.
        (2)     A person who, in the course of duty, becomes aware of the
                identity of a notifier, must not disclose identifying information
                to another person unless --
                  (a) the disclosure is made --
10                         (i) for the purpose of, or in connection with,
                                performing functions under this Act;
                          (ii) with the written consent of the notifier; or
                         (iii) in legal proceedings with the leave of the court
                                or tribunal concerned;
15                      or
                  (b) the identifying information has already been disclosed in
                        legal proceedings and the court or tribunal concerned
                        has not made an order prohibiting further disclosure.
                Penalty: $24 000 and imprisonment for 2 years.
20      (3)     In any legal proceedings a person must not disclose, or be asked
                to disclose, identifying information in respect of a notifier
                unless leave of the court or tribunal concerned has first been
                obtained.
        (4)     The court or tribunal must not grant leave unless --
25               (a) it is satisfied that --
                          (i) the identifying information is of critical
                                importance in the proceedings; and
                         (ii) there is compelling reason in the public interest
                                for disclosure of the identifying information;
30                     or
                 (b) the notifier consents to the disclosure of the identifying
                       information.

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                                       Confidentiality provisions   Part 10

                                                                        s. 241



       (5)   An application for leave to disclose, or to ask a person to
             disclose, identifying information --
               (a) must not, except as authorised by the court or tribunal,
                     be heard in public; and
5              (b) must be dealt with in a way that protects, as far as
                     practicable, the identity of the notifier pending a
                     decision on the application.

     241.    Confidentiality of information
       (1)   This section applies to a person who is or has been engaged
10           in --
               (a) the performance of functions under this Act; or
               (b) the provision of social services under an agreement
                     referred to in section 15(1).
       (2)   A person to whom this section applies must not, directly or
15           indirectly, record, disclose or make use of information obtained
             in the course of duty, except --
               (a) for the purpose of, or in connection with, performing
                     functions under this Act;
               (b) for the purpose of, or in connection with, providing
20                   social services under an agreement referred to in
                     section 15(1);
               (c) for the purpose of the investigation of any suspected
                     offence under this Act or the conduct of proceedings
                     against any person for an offence under this Act;
25             (d) for the purpose of protection proceedings;
               (e) as required or allowed under this Act or another written
                     law;
                (f) with the written consent of the Minister or person to
                     whom the information relates; or
30             (g) in prescribed circumstances.
             Penalty: $12 000 and imprisonment for one year.


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     Children and Community Services Bill 2003
     Part 10        Confidentiality provisions

     s. 241



        (3)     Subsection (2) is not to be taken to permit the disclosure of
                identifying information as defined in section 240 if its
                disclosure is prohibited under that section.
        (4)     Subsection (2) is not to be taken to prevent the disclosure of
5               statistical or other information that could not reasonably be
                expected to lead to the identification of any person to whom it
                relates.
        (5)     If information is lawfully disclosed under this section, this
                section does not prevent the further disclosure of the
10              information, or the recording or use of the information, for the
                purpose for which the disclosure was made.




     page 150
                                   Children and Community Services Bill 2003
                                                 Other matters      Part 11

                                                                         s. 242



                        Part 11 -- Other matters
     242.    Obstruction
             A person must not obstruct or hinder a person who is
             performing or attempting to perform a function under this Act.
5            Penalty: $12 000 and imprisonment for one year.

     243.    Impersonating an officer
             A person must not falsely represent, by words or conduct, that a
             person is an authorised officer.
             Penalty: $12 000 and imprisonment for one year.

10   244.    False information
             A person must not give information orally or in writing in, or in
             relation to, an application, report or other document prepared for
             the purposes of this Act that the person knows to be false or
             misleading in a material respect.
15           Penalty: $6 000.

     245.    Legal proceedings
       (1)   Proceedings under this Act for an offence (other than an offence
             under section 101(1), 102 or 192(1) or (2)) or in respect of any
             other matter may be taken in the name of the CEO by the CEO
20           or a person authorised to do so by the CEO.
       (2)   In any proceedings no proof is required of --
               (a) the appointment of the CEO; or
               (b) the authorisation of a person under subsection (1),
             but an averment in a complaint that the person is so appointed
25           or authorised is to be taken to be proved unless the contrary is
             proved.




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     Part 11        Other matters

     s. 246



        (3)     Subsection (1) does not limit the ability of a person to make a
                complaint or conduct the prosecution of an offence if the person
                has authority at law to do so.

     246.       Protection from liability for wrongdoing
5       (1)     An action in tort does not lie against a person for anything that
                the person has done, in good faith, in the performance or
                purported performance of a function under this Act.
        (2)     The protection given by subsection (1) applies even though the
                thing done as described in that subsection may have been
10              capable of being done whether or not this Act had been enacted.
        (3)     Despite subsection (1), the State is not relieved of any liability
                that it might have for another person having done anything as
                described in that subsection.
        (4)     A person who, at the request of a police officer or an authorised
15              officer, assists the officer in the exercise of a power under this
                Act is to be taken, for the purposes of this section, to be
                performing a function under this Act.
        (5)     In this section, a reference to the doing of anything includes a
                reference to the omission to do anything.

20   247.       Effect of provision requiring document to be given to
                particular person or child
        (1)     A person is not required to comply with a provision of this Act
                that requires the person to give a document to another person, or
                to ensure that a document is given to another person, if, after
25              reasonable inquiries, the other person cannot be found.
        (2)     Subsection (1) does not apply if the document is to be given to a
                party to protection proceedings.
                Note: Section 154 gives the Children's Court power to dispense with service in
                       protection proceedings.

30      (3)     Without limiting subsection (1), a person is not required to
                comply with a provision of this Act that requires the person to

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                                   Children and Community Services Bill 2003
                                                 Other matters      Part 11

                                                                           s. 248



             give a document to a child, or to ensure that a document is given
             to a child, if the person considers that the child does not have
             sufficient maturity to understand the document or the matter to
             which the document relates.

5    248.    Regulations
       (1)   The Governor may make regulations prescribing all matters that
             are required or permitted by this Act to be prescribed, or are
             necessary or convenient to be prescribed for giving effect to the
             purposes of this Act.
10     (2)   Without limiting subsection (1) the regulations may create
             offences and provide, in respect of an offence so created, for the
             imposition of a penalty not exceeding $6 000.

     249.    Review of Act
       (1)   The Minister must carry out a review of the operation and
15           effectiveness of this Act as soon as is practicable after --
               (a) the fifth anniversary of its commencement; and
               (b) the expiry of each 5 yearly interval after that
                     anniversary.
       (2)   The Minister must prepare a report based on each review under
20           subsection (1) and, as soon as is practicable after the report is
             prepared (and in any event not more than 12 months after the
             relevant anniversary or expiry), must cause it to be laid before
             each House of Parliament.

     250.    Repeal, transitional and savings provisions
25     (1)   The following Acts are repealed --
              (a)   the Child Welfare Act 1947;
              (b)   the Community Services Act 1972;
              (c)   the Welfare and Assistance Act 1961.
       (2)   The following regulations are repealed --
30            (a) the Child Welfare Regulations 1977;

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     Children and Community Services Bill 2003
     Part 11        Other matters

     s. 251



                 (b)    the Community Services (Child Care) Regulations 1988;
                 (c)    the Community Services (Outside School Hours Care)
                        Regulations 2002;
                 (d)    the Community Welfare Organizations
5                       Regulations 1980;
                  (e)   the Welfare and Assistance Act Regulations 1962.
        (3)     Schedule 1 has effect in relation to the repeals effected by
                subsection (1).

     251.       Other Acts amended
10              Other Acts are amended as set out in Schedule 2.




     page 154
                                    Children and Community Services Bill 2003



                              Transitional and savings provisions       Schedule 1



          Schedule 1 -- Transitional and savings provisions
                                                                         [s. 250(3)]

                       Division 1 -- Introductory matters
     1.     Meaning of terms used in this Schedule
5           In this Schedule, unless the contrary intention appears --
            "authorisation" means --
                 (a)    an approval under the Child Welfare Act 1947 section 111;
                        or
                (b) a licence under the Child Welfare Act 1947 section 112;
10          "commencement day" means the day on which section 250 comes
                into operation;
            "existing appeal" means an appeal under the Children's Court of
                 Western Australia Act 1988 section 42(1) or 43(4) that has not
                 been finally determined before commencement day;
15          "existing order" means an order made under the Child Welfare
                 Act 1947 section 30 that is in force immediately before
                 commencement day;
            "existing proceedings" means proceedings under the Child Welfare
                 Act 1947 section 30 that have not been finally determined before
20               commencement day;
            "extended order" means an existing order that applies to a child after
                 the child reaches 18 years of age because of an extension under
                 the Child Welfare Act 1947 section 49(1);
            "repealed Act" means an Act repealed by section 250.

25   2.     Interpretation Act 1984 not affected
            The provisions of this Schedule do not affect the application of the
            Interpretation Act 1984 to and in relation to the repeals effected by
            section 250.




                                                                          page 155
     Children and Community Services Bill 2003



     Schedule 1         Transitional and savings provisions



      Division 2 -- Provisions related to repeal of Child Welfare Act 1947
     3.         Existing orders
          (1)   On and after commencement day an existing order that applies to a
                child until the child reaches 18 years of age has effect as if it were a
5               protection order (until 18).
          (2)   On and after commencement day an existing order, other than an
                existing order referred to in subclause (1) or an extended order, has
                effect as if it were a protection order (time-limited).
          (3)   An order to which subclause (2) applies has effect --
10                (a)   if the period until the order is due to expire is less than
                        2 years, for that period; or
                  (b)   in any other case, for a period of 2 years from
                        commencement day.

     4.         Extended orders
15              On and after commencement day the Child Welfare Act 1947
                continues to apply to and in respect of an extended order as if that Act
                had not been repealed.

     5.         Existing proceedings
          (1)   Existing proceedings are to be dealt with and determined under the
20              Child Welfare Act 1947 as if that Act had not been repealed.
          (2)   If, at the conclusion of existing proceedings, an order commits a child
                to the care of the Department or places the child under the control of
                the Department, the order has effect --
                  (a)   if the order applies to the child until the child reaches
25                      18 years of age, as if it were a protection order (until 18); or
                  (b)   in any other case, as if it were a protection order
                        (time-limited).
          (3)   An order to which subclause (2)(b) applies has effect --
                  (a)   if a period of less than 2 years is specified in the order, for
30                      that period; or
                  (b)   in any other case, for a period of 2 years from the day on
                        which the order is made.

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          (4)   An order made under the Child Welfare Act 1947 section 29(3aa) that
                is in force immediately before commencement day has effect on and
                after that day as if that Act had not been repealed.

     6.         Existing appeals
5         (1)   An existing appeal is to be dealt with and determined as if --
                 (a) the Children's Court of Western Australia Act 1988 had not
                        been amended by this Act; and
                  (b)   the Child Welfare Act 1947 had not been repealed.
          (2)   If, at the conclusion of an existing appeal, an order commits a child to
10              the care of the Department or places a child under the control of the
                Department, the order has effect --
                  (a)   if the order applies to the child until the child reaches
                        18 years of age, as if it were a protection order (until 18); or
                  (b)   in any other case, as if it were a protection order
15                      (time-limited).
          (3)   An order to which subclause (2)(b) applies has effect --
                 (a) if a period of less than 2 years is specified in the order, for
                       that period; or
                  (b)   in any other case, for a period of 2 years from the day on
20                      which the order is made.

     7.         Records under s. 11
                On and after commencement day records kept under the Child
                Welfare Act 1947 section 11 in respect of wards and children placed
                under the control of the Department are to be taken to be records kept
25              by the CEO for the purposes of section 128.

     8.         Operation of orders under s. 13 or 14
                An order made under the Child Welfare Act 1947 section 13 or 14 that
                is in force immediately before commencement day ceases to have
                effect on that day.




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     9.          Children detained under s. 29(3a)
           (1)   A child who immediately before commencement day is detained in a
                 hospital under the Child Welfare Act 1947 section 29(3a) is to be
                 taken on and after that day to be kept in the hospital under
5                section 40(2).
           (2)   If subclause (2) applies to a child the period for which the child was
                 detained in the hospital before commencement day is to be taken into
                 account for the purposes of section 40(7).

     10.         Orders under s. 40A
10               An order made under the Child Welfare Act 1947 section 40A that is
                 in force immediately before commencement day has effect on and
                 after that day as if it were an order under section 73.

     11.         Applications under s. 47
                 An application made to the Minister or the Court under the Child
15               Welfare Act 1947 section 47(2) that has not been finally determined
                 immediately before commencement day is to be dealt with and
                 determined under that Act as if it had not been repealed.

     12.         Notices under s. 107A or 107B
                 A notice under the Child Welfare Act 1947 section 107A(4) or
20               107B(4) that is in force immediately before commencement day has
                 effect on and after that day as if it were a notice under section 193(2).

     13.         Warrants
                 A warrant issued under the Child Welfare Act 1947 section 67 that is
                 in force immediately before commencement day has effect on and
25               after that day as if it had been issued under this Act.

     14.         Authorisations under s. 111 or 112
           (1)   An authorisation that is in force immediately before commencement
                 day has effect on and after that day as if it were an approval under
                 section 104(3).
30         (2)   Despite section 104(4)(b), an authorisation referred to in subclause (1)
                 has effect, under and subject to this Act, for the remainder of the


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                 period for which it would have had effect if the Child Welfare
                 Act 1947 had not been repealed.

     15.         Orders and proceedings under Part VIIIA
           (1)   An application under the Child Welfare Act 1947 Part VIIIA that has
5                not been finally determined immediately before commencement day
                 is to be dealt with and determined under the corresponding provision
                 of Part 6.
           (2)   An interim order made under the Child Welfare Act 1947
                 section 120P that is in force immediately before commencement day
10               has effect on and after that day as if it were an interim order under the
                 corresponding provision of Part 6.
           (3)   An appeal under the Child Welfare Act 1947 section 120L or 120Q
                 that has not been finally determined immediately before
                 commencement day is to be dealt with and determined as if it were an
15               appeal under the corresponding provision of Part 6.

     16.         Orders under s. 146A
                 An order made under the Child Welfare Act 1947 section 146A that is
                 in force immediately before commencement day has effect on and
                 after that day as if that Act had not been repealed.

20     Division 3 -- Provisions related to repeal of Community Services
                                  Act 1972
     17.         Status of Ministerial Body
                 The Community Development Ministerial Body established by
                 section 18 is a continuation of, and the same legal person, as the body
25               corporate established by the Community Services Act 1972 section 6
                 as in force before commencement day.

     18.         Licences and permits under s. 17B
           (1)   A licence or permit issued under the Community Services Act 1972
                 section 17B that is in force immediately before commencement day
30               has effect on and after that day as if it were a licence issued under
                 Part 8.



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           (2)   A licence or permit referred to in subclause (1) has effect, under and
                 subject to this Act, for the remainder of the period specified in the
                 licence or permit.

     19.         Existing applications
5                An application for a licence or permit under the Community Services
                 Act 1972 section 17B that has not been finally determined
                 immediately before commencement day is to be dealt with and
                 determined as if it were an application for a licence under Part 8.

     20.         Appeals under s. 17C
10               An appeal under the Community Services Act 1972 section 17C that
                 has not been finally determined immediately before commencement
                 day is to be dealt with and determined as if that Act had not been
                 repealed.

     21.         Bodies established under s. 22
15         (1)   A board, committee or council established under the Community
                 Services Act 1972 section 22 that is in existence immediately before
                 commencement day continues on and after that day as an advisory
                 body under section 27.
           (2)   A person who is a member of a board, committee or council referred
20               to in subclause (1) immediately before commencement day continues
                 in office on and after that day for the remainder of the term of his or
                 her appointment.
           (3)   An order under the Community Services Act 1972 section 22(1) that is
                 in force immediately before commencement day has effect on and
25               after that day as if it were an instrument made by the Minister under
                 section 27(5).

      Division 4 -- Provisions related to repeal of Welfare and Assistance
                                   Act 1961
     22.         Advances and grants of assistance
30         (1)   An advance or grant of assistance under the Welfare and Assistance
                 Act 1961 that is in force immediately before commencement day has
                 effect on and after that day as if it were assistance provided under
                 Part 9.

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           (2)   An advance or grant of assistance referred to in subclause (1) is
                 subject to the same terms and conditions (if any) as applied to it
                 immediately before commencement day.

     23.         Applications for assistance
5                An application for assistance under the Welfare and Assistance
                 Act 1961 that has not been finally determined immediately before
                 commencement day is to be dealt with and determined as if it were an
                 application for assistance under section 233.

                                   Division 5 -- General
10   24.         References to repealed Acts
                 If in a written law or other document or instrument there is a reference
                 to a repealed Act, the reference is to be read, unless the context
                 otherwise requires, as if it had been amended to be a reference to this
                 Act.

15   25.         Powers in relation to transitional matters
           (1)   If there is no sufficient provision in this Schedule for dealing with a
                 transitional matter the Governor may make regulations prescribing all
                 matters that are required, necessary or convenient to be prescribed in
                 relation to that matter.
20         (2)   Regulations made under subclause (1) may provide that specific
                 provisions of this Act --
                   (a)   do not apply; or
                   (b)   apply with specific modifications,
                 to or in relation to any matter.
25         (3)   Regulations made under subclause (1) must be made within
                 12 months after commencement day.
           (4)   If regulations made under subclause (1) provide that a specified state
                 of affairs is to be taken to have existed, or not to have existed, on and
                 from a day that is earlier than the day on which the regulations are
30               published in the Gazette but not earlier than commencement day, the
                 regulations have effect according to their terms.



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        (5)     In subclause (4) --
                "specified" means specified or described in the regulations.
        (6)     If regulations contain a provision referred to in subclause (4), the
                provision does not operate so as --
5                 (a)   to affect in a manner prejudicial to any person (other than the
                        State), the rights of that person existing before the day of
                        publication of those regulations; or
                  (b)   to impose liabilities on any person (other than the State or an
                        authority of the State) in respect of anything done or omitted
10                      to be done before the day of publication of those regulations.




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                                             Amendments to other Acts     Schedule 2



                  Schedule 2 -- Amendments to other Acts
                                                                               [s. 251]

     1.         Aboriginal Affairs Planning Authority Act 1972 amended
          (1)   The amendments in this clause are to the Aboriginal Affairs Planning
5               Authority Act 1972*.
                [* Reprinted as at 5 February 1999.].
          (2)   Section 19(1)(c) is amended by deleting "for Community Services"
                and inserting instead --
                         "
10                             as defined in section 3 of the Children and
                               Community Services Act 2003
                                                                                      ".
          (3)   Section 35(4) is repealed.
          (4)   Section 35(5) is amended by deleting ", the Director-General of the
15              department established under section 4 of the Community Services
                Act 1972".
          (5)   Section 48 is amended by deleting "officer of the department
                established under section 4 of the Community Services Act 1972, or
                any".

20   2.         Adoption Act 1994 amended
          (1)   The amendments in this clause are to the Adoption Act 1994*.
                [* Reprinted as at 2 January 2001.
                   For subsequent amendments see Western Australian Legislation
                   Information Tables for 2002, Table 1, p. 6 and Act No. 8 of 2003.]
25        (2)   Section 4 is amended as follows:
                  (a) by deleting the definitions of "Department" and
                        "Director-General";




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     Schedule 2                Amendments to other Acts



                     (b)       by inserting in the appropriate alphabetical positions the
                               following definitions --
                 "
                           "CEO" means the chief executive officer of the
5                             Department;
                           "Department" means the department of the Public
                              Service principally assisting the Minister in the
                              administration of this Act;
                                                                                             ".
10       (3)     Section 27(6) is amended as follows:
                   (a) by deleting paragraph (a) and "or" after it and inserting
                         instead --
                           "
                               (a)   the child is the subject of a protection order
15                                   (time-limited) or protection order (until 18)
                                     under the Children and Community Services
                                     Act 2003; or
                                                                                             ";
                     (b)       in paragraph (b) by deleting "the Child Welfare Act 1947 in
20                             relation to wardship," and inserting instead --
                               "
                                     Part 4 of the Children and Community Services
                                     Act 2003,
                                                                                             ";
25                   (c)       by deleting "by reason of the child's wardship status".
         (4)     Section 28 is repealed and the following section is inserted instead --
     "
           28.             Guardianship of children awaiting adoption where
                           not all consents finalised
30               (1)       This section applies to a child if the child --
                            (a) has been relinquished for adoption but where
                                   not all the consents to the child's adoption
                                   required by section 17(1) have been --
                                     (i) delivered under section 18(1)(e); or

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                                          Amendments to other Acts          Schedule 2



                                 (ii) dispensed with under section 24(2);
                               or
                         (b)   is in the care and control of a birth parent who
                               has consented to the child's adoption and then
5                              revoked the consent for such number of times
                               as to jeopardise, or be likely to jeopardise, the
                               child's welfare.
               (2)   The CEO may make a protection application under the
                     Children and Community Services Act 2003 for a
10                   protection order (time-limited) or protection order
                     (until 18) in respect of a child to whom this section
                     applies.
               (3)   For the purposes of Part 4 of the Children and
                     Community Services Act 2003, but without limiting
15                   section 28(2) of that Act, a child is in need of
                     protection if the child is a child to whom this section
                     applies.
                                                                                     ".
     (5)       Section 36(2)(c) is deleted and the following paragraph is inserted
20             instead --
                     "
                         (c)   if the Court finds that the child is in need of
                               protection as defined in section 28(2) of the
                               Children and Community Services Act 2003,
25                             make a protection order (time-limited) or
                               protection order (until 18) under that Act in
                               respect of the child;
                                                                                     ".
     (6)       After section 36(2) the following subsection is inserted --
30         "
               (3)   If the Court makes an order referred to in
                     subsection (2)(c), the Court has, in relation to that
                     order, the powers conferred on the Children's Court by
                     the Children and Community Services Act 2003.
35                                                                                   ".

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    Schedule 2        Amendments to other Acts



       (7)     The heading to Part 5 Division 1 is amended by deleting
               "Director-General" and inserting instead --

               "   CEO ".
       (8)     Each provision listed in the Table to this subclause is amended by
5              deleting "Director-General" in each place where it occurs and
               inserting instead --
               "   CEO ".
                                          Table
               s. 4 (definition of     s. 46(3)(a)             s. 108(1)
               "adoption
               certificate")
               s. 6(1)                 s. 47(1)                s. 108(2)
               s. 6(2)                 s. 47(2)                s. 108(3)
               s. 8(2)(a)              s. 48(1)                s. 109(1)
               s. 10(1)                s. 49                   s. 109(2)
               s. 12                   s. 50(1)                s. 110(1)
               s. 13(1)(a)             s. 51                   s. 111(1)
               s. 14(2)                s. 52(1)                s. 111(2)
               s. 16(1)                s. 53                   s. 112(1)
               s. 16(2)                s. 54                   s. 112(2)
               s. 16A(1)               s. 55(1)(c)             s. 113(1)
               s. 16A(2)               s. 56                   s. 113(2)
               s. 18(1)                s. 58(1)                s. 113(4)
               s. 18(3)                s. 58(2)                s. 114(1)
               s. 18(7)(b)             s. 61(1)                s. 116
               s. 21(1)                s. 63(2)                s. 122(2)
               s. 21(2b)               s. 69(2)                s. 122(4)
               s. 21(3)                s. 69(3)                s. 123(2)
               s. 23(1)                s. 76(2)                s. 124(2)(a)
               s. 23(2)                s. 77(1)                s. 127(2)(ba)
               s. 23(3)                s. 79(1)                s. 128(1)(a)(ii)
               s. 24(1)                s. 79(2)                s. 129(1)


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s. 25(1)       s. 79(3)             s. 129(2)
s. 26C(1)(c)   s. 80(1)             s. 130
s. 27(5)       s. 80(2)             s. 130A
s. 29(1)(c)    s. 80(3)             s. 131(1)(b)
s. 30          s. 82(1)             s. 134(1)
s. 31          s. 82(2)             s. 134(1a)
s. 33(1)       s. 82(3)             s. 134(1b)
s. 33(2)       s. 83(1)             s. 134(2)
s. 33(3)       s. 83(3)             s. 134(4)
s. 33(4)       s. 88                s. 138(1)(b)(ii)
s. 33(5)       s. 90(1)             s. 138(4)
s. 34(1)       s. 90(4)             s. 138(6)
s. 34(2)       s. 91                s. 138D
s. 34(3)       s. 92(1)             s. 139(1)
s. 37(1)       s. 92(2)             s. 140(1)
s. 37(2)       s. 93(1)             s. 140(2)
s. 37(3)       s. 93(2)             s. 141(1)
s. 38(1)       s. 94(2)             s. 141(2)
s. 38(3)       s. 94(3)             s. 141(3)
s. 39(2)       s. 94(4)             Sch. 1 cl. 1(1)
s. 40(1)       s. 99                Sch. 1 cl. 1(2)
s. 43          s. 100(3)(b)         Sch. 1 cl. 2(3)(b)
s. 44(1)       s. 102(1)            Sch. 1 cl. 3
s. 44(2)       s. 102(2)            Sch. 3 cl. 7
s. 44(3)       s. 102(3)            Sch. 3 cl. 13(1)
s. 44(4)       s. 103               Sch. 3 cl. 13(2)
s. 44(5)       s. 104(3)
s. 45(a)       s. 105(1)
s. 45(b)       s. 106
s. 46(1)(c)    s. 107




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     Schedule 2           Amendments to other Acts



          (9)   Each provision listed in the Table to this subclause is amended by
                deleting "Director-General's" in each place where it occurs and
                inserting instead --
                "    CEO's    ".
5                                            Table
                s. 18(3)                              s. 130
                s. 79(1)(j)                           s. 134(1)
                s. 82(3)                              s. 134(1a)
                s. 82(4)                              s. 134(1b)
                s. 107(d)

     3.         Bail Act 1982 amended
          (1)   The amendments in this clause are to the Bail Act 1982*.
                [* Reprinted as at 27 August 1999.
                   For subsequent amendments see Western Australian Legislation
10                 Information Tables for 2002, Table 1, p. 28 and Act No. 50 of
                   2003.]
          (2)   Section 3(1) is amended in the definition of "authorized community
                services officer" in paragraph (d) by deleting "or departmental facility
                under the Child Welfare Act 1947".
15        (3)   Schedule 1 Part C is amended in clause 2(3) as follows:
                    (a)   after paragraph (a) by inserting "and";
                    (b)   by deleting paragraph (b) and "and" after it.

     4.         Children's Court of Western Australia Act 1988 amended
          (1)   The amendments in this clause are to the Children's Court of Western
20              Australia Act 1988*.
                [* Reprinted as at 27 August 2000.
                   For subsequent amendments see Western Australian Legislation
                   Information Tables for 2002, Table 1, p. 54.]




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         (2)     Section 3 is amended by deleting the definition of "CEO (Justice)"
                 and inserting in the appropriate alphabetical positions the following
                 definitions --
                 "
5                        "CEO" means the chief executive officer of the
                            Department;
                         "Department" means the department of the Public
                            Service principally assisting in the administration
                            of this Act;
10                                                                                       ".
         (3)     Section 7(1) is amended by deleting "Community Services Act 1972"
                 and inserting instead --
                 "     Children and Community Services Act 2003 ".
         (4)     Section 20(a) is amended by deleting "Child Welfare Act 1947" and
15               inserting instead --
                 "     Children and Community Services Act 2003 ".
         (5)     Section 28(1) is amended by deleting "Child Welfare Act 1947" and
                 inserting instead --
                 "     Children and Community Services Act 2003 ".
20       (6)     Section 28(2)(a) is deleted and the following paragraph is inserted
                 instead --
                        "
                            (a)   the CEO or the CEO as defined in section 3 of
                                  the Children and Community Services
25                                Act 2003;
                                                                                         ".
         (7)     Section 33 is repealed and the following section is inserted instead --
     "
           33.           CEOs or officers may take part in proceedings
30               (1)     In this section --
                         "prescribed officer" means --
                              (a) the CEO or an officer of the Department who
                                    is authorised by that CEO; or

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                                 (b)     the CEO as defined in section 3 of the
                                         Children and Community Services Act 2003
                                         or an officer as defined in that section who is
                                         authorised by that CEO.
5               (2)       A prescribed officer may be present at the hearing in
                          the Court of any complaint against, or application or
                          other proceeding concerning, a child and, if present, is
                          entitled to examine and cross-examine witnesses and to
                          be heard concerning the remand, punishment or
10                        disposal of the child.
                                                                                           ".
        (8)     Section 36(1) is amended as follows:
                  (a) by deleting "; or" after paragraph (b) and inserting a comma
                        instead;
15                  (b)       by deleting paragraph (c).
        (9)     Section 37(2) is amended by inserting after "this Act" --
                "     and the Children and Community Services Act 2003 ".
       (10)     Section 40(2)(b) is amended by deleting "CEO (Justice)" and
                inserting instead --
20              "     CEO ".
       (11)     Section 42(1) is amended as follows:
                    (a)       by deleting "decision -- " and paragraphs (a), (b) and (c) and
                              inserting instead --
                "
25                        decision on the hearing of an application under Part 4
                          or 5 of the Children and Community Services Act 2003
                                                                                           ";
                    (b)       by deleting paragraph (aa) and inserting the following
                              paragraph instead --
30                        "
                              (a)      the CEO as defined in section 3 of the Children
                                       and Community Services Act 2003;
                                                                                           ";


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                                                 Amendments to other Acts           Schedule 2



                     (c)       by redesignating paragraphs (bb), (cc) and (dd) as
                               paragraphs (b), (c) and (d) respectively.
          (12)   Section 42(2) is amended by deleting the passage beginning "notice
                 to" and ending "the applicant)" and inserting instead --
5                "
                           notice to the CEO as defined in section 3 of the
                           Children and Community Services Act 2003 (if that
                           CEO is not the applicant)
                                                                                            ".
10        (13)   Section 43(4) is amended as follows:
                     (a)       by deleting "decision -- " and paragraphs (a), (b) and (c) and
                               inserting instead --
                 "
                           decision on the hearing of an application under Part 4
15                         or 5 of the Children and Community Services Act 2003
                                                                                            ";
                     (b)       by deleting paragraph (aa) and inserting the following
                               paragraph instead --
                           "
20                             (a)   the CEO as defined in section 3 of the Children
                                     and Community Services Act 2003;
                                                                                            ";
                     (c)       by redesignating paragraphs (bb), (cc) and (dd) as
                               paragraphs (b), (c) and (d) respectively.

25   5.          Constitution Acts Amendment Act 1899 amended
           (1)   The amendments in this clause are to the Constitution Acts
                 Amendment Act 1899*.
                 [* Reprint 12 as at 3 October 2003.]
           (2)   Schedule V Part 3 is amended as follows:
30                   (a)       by deleting "Any board, committee or council constituted
                               under section 22 of the Community Services Act 1972.";



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                    (b)        after the item relating to the Advisory Committee appointed
                               under section 435 of the Local Government (Miscellaneous
                               Provisions) Act 1960 by inserting the following item --
                "
5                   Any advisory body established or continued under the Children
                    and Community Services Act 2003.
                                                                                             ".
     6.         Coroners Act 1996 amended
          (1)   The amendments in this clause are to the Coroners Act 1996*.
10              [* Reprinted as at 3 August 2001.
                   For subsequent amendments see Western Australian Legislation
                   Information Tables for 2002, Table 1, p. 81 and Acts Nos. 15 and
                   28 of 2003.]
          (2)   Section 3 is amended in the definition of "person held in care" by
15              deleting paragraph (a)(i) and inserting the following subparagraph
                instead --
                                     "
                                           (i)   the CEO as defined in section 3 of the
                                                 Children and Community Services
20                                               Act 2003;
                                                                                             ".
     7.         Disability Services Act 1993 amended
          (1)   The amendments in this clause are to the Disability Services
                Act 1993*.
25              [* Reprinted as at 26 May 2000.
                   For subsequent amendments see Western Australian Legislation
                   Information Tables for 2002, Table 1, p. 105.]
          (2)   Section 52(1)(bc) and (bd) are deleted and the following paragraphs
                are inserted instead --
30                        "
                              (bc)       for the purpose of enabling or facilitating the
                                         investigation by the CEO as defined in


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                                             Amendments to other Acts       Schedule 2



                                  section 3 of the Children and Community
                                  Services Act 2003, or an officer as defined in
                                  that section, of whether or not a child is in need
                                  of protection under that Act;
5                      (bd)       for the purpose of protection proceedings under
                                  the Children and Community Services
                                  Act 2003;
                                                                                       ".
          (3)   Section 52(3) is repealed.

10   8.         Electoral Act 1907 amended
          (1)   The amendment in this clause is to the Electoral Act 1907*.
                [* Reprinted as at15 December 2000.
                   For subsequent amendments see Western Australian Legislation
                   Information Tables for 2002, Table 1, p. 115.]
15        (2)   Section 18(c) is amended by deleting "or the Child Welfare
                Act 1947".

     9.         Evidence Act 1906 amended
          (1)   The amendments in this clause are to the Evidence Act 1906*.
                [* Reprint 12 as at 10 October 2003.]
20        (2)   Section 106A is amended in the definition of "defendant" by deleting
                paragraph (a)(i) and inserting the following subparagraph instead --
                              "
                                    (i)   means any party to the proceeding,
                                          other than the affected child and an
25                                        applicant who is an officer as defined in
                                          section 3 of the Children and
                                          Community Services Act 2003;
                                                                                       ".




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           (3)   The Second Schedule Part 4 is repealed and the following Part is
                 inserted instead --
     "
                                  Part 4 -- Offences under the Children and
5                                        Community Services Act 2003
                      Provision                          Description of offence
                      s. 101(1) and (2)                  Failing to protect child from
                                                         significant harm
                      s. 102                             Leaving child unsupervised
                                                         in vehicle
                                                                                            ".
           (4)   Schedule 7 Part A is amended by deleting clause 2 and inserting the
                 following clause instead --
     "
10                   2.     A proceeding also comes within the provisions of the
                            Schedule if it is an application under Part 4 or 5 of the
                            Children and Community Services Act 2003.
                                                                                            ".
     10.         Family Court Act 1997 amended
15         (1)   The amendments in this clause are to the Family Court Act 1997.
                 [* Reprint 1 as at 15 August 2003.]
           (2)   Section 5 is amended as follows:
                   (a) by inserting in the appropriate alphabetical position the
                         following definition --
20               "
                            "CEO" means the CEO as defined in section 3 of the
                               Children and Community Services Act 2003;
                                                                                            ";
                      (b)     in the definition of "child welfare law" by deleting "Child
25                            Welfare Act 1947" and inserting instead --
                              "    Children and Community Services Act 2003 ";



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                     (c)   by deleting the definitions of "Department" and
                           "Director-General".
           (3)   Section 36(2) is amended by deleting "Child Welfare Act 1947" and
                 inserting instead --
5                "    Children and Community Services Act 2003 ".
           (4)   Section 36(6) is amended as follows:
                   (a) by deleting "care and";
                     (b)   by deleting "Child Welfare Act 1947" and inserting instead --
                           "   Children and Community Services Act 2003 ".
10         (5)   Section 36(7) is repealed.
           (6)   Section 207(2) is amended as follows:
                   (a) by deleting "care and";
                     (b)   by deleting "Child Welfare Act 1947" and inserting instead --
                           "   Children and Community Services Act 2003 ".
15         (7)   Each provision listed in the Table to this subclause is amended by
                 deleting "Director-General" in each place where it occurs and
                 inserting instead --
                 "    CEO ".
                                              Table
                 s. 159(2)                            s. 160(6)
                 s. 159(3)                            s. 161(1)
                 s. 160(2)                            s. 207(1)
                 s. 160(3)                            s. 207(2)
                 s. 160(4)                            s. 207(3)
                 s. 160(5)                            s. 209(2)(f)

20   11.         Guardianship and Administration Act 1990 amended
           (1)   The amendments in this clause are to the Guardianship and
                 Administration Act 1990*.
                 [* Reprinted as at 22 November 2002.]


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           (2)   Section 64(3) is amended as follows:
                   (a) by deleting "; and" after paragraph (b) and inserting a full
                         stop instead;
                   (b)       by deleting paragraph (c).

5    12.         Health Act 1911 amended
           (1)   The amendments in this clause are to the Health Act 1911*.
                 [* Reprinted as at 31 March 2000.
                    For subsequent amendments see Western Australian Legislation
                    Information Tables for 2002, Table 1, p. 168 and Act No. 28 of
10                  2003.]
           (2)   Section 308 is repealed.
           (3)   Section 309(1) is amended as follows:
                   (a) by deleting "definitions" and inserting instead --
                             "     definition ";
15                 (b)       by deleting the definition of "Industrial School";
                   (c)       in the definition of "Prisoner" by deleting "or subject to
                             detention in an industrial school".
           (4)   Section 309(2) is amended by deleting "or industrial school".
           (5)   Section 312 is amended by deleting ", 308".

20   13.         Hire-Purchase Act 1959 amended
           (1)   The amendments in this clause are to the Hire-Purchase Act 1959*.
                 [* Reprinted as at12 May 2000.
                    For subsequent amendments see Western Australian Legislation
                    Information Tables for 2002, Table 1, p. 171.]
25         (2)   Section 18(9)(c) is deleted and the following paragraph is inserted
                 instead --
                         "
                             (c)     if there is no parent or legal guardian of the
                                     hirer, a person approved by the CEO as defined



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                                    in section 3 of the Children and Community
                                    Services Act 2003,
                                                                                            ".
           (3)        Section 18(10) is repealed and the following subsection is inserted
5                     instead --
                 "

                     (10)   The CEO as defined in section 3 of the Children and
                            Community Services Act 2003 (the "CEO") may in
                            writing signed by the CEO delegate the power
10                          conferred by subsection (9)(c) to any other officer as
                            defined in section 3 of that Act, and an officer to whom
                            that power is delegated --
                              (a) may exercise the power in the same manner and
                                    with the same effect as if the power were
15                                  directly conferred on the officer by this Act and
                                    not by delegation; and
                              (b) is presumed to exercise the power in
                                    accordance with the terms of the delegation in
                                    the absence of proof to the contrary,
20                          but any such delegation may be revoked wholly or
                            partly by the CEO at any time and does not prevent the
                            CEO from exercising the power.
                                                                                            ".
     14.              Human Reproductive Technology Act 1991 amended
25         (1)        The amendments in this clause are to the Human Reproductive
                      Technology Act 1991*.
                      [* Reprinted as at 12 July 2002.
                         For subsequent amendments see Western Australian Legislation
                         Information Tables for 2002, Table 1, p. 177.]




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           (2)   Section 3(1) is amended as follows:
                   (a) in the definition of "authorised officer" by deleting
                         paragraph (c) and inserting the following paragraph
                         instead --
5                              "
                                   (c)     in relation to the powers referred to in
                                           section 44(3)(c) or 49(4)(b), includes a
                                           reference to the CEO as defined in section 3
                                           of the Children and Community Services
10                                         Act 2003 or an officer as defined in that
                                           section authorised in writing by that CEO;
                                                                                          ";
                     (b)        by deleting the definition of "Director-General".
           (3)   Section 8(2)(a)(i)(E) is amended by deleting "Community Services
15               Act 1972" and inserting instead --
                 "    Children and Community Services Act 2003 ".

     15.         Industrial Relations Act 1979 amended
           (1)   The amendments in this clause are to the Industrial Relations
                 Act 1979*.
20               [* Reprinted as at 8 November 2002.
                    For subsequent amendments see Acts Nos. 7, 20, 28 and 31 of 2003
                    and Gazette 15 August 2003 p. 3685-92.]
           (2)   Section 81AA(bc) is deleted and the following paragraph is inserted
                 instead --
25                         "
                               (bc)      section 196(2) of the Children and Community
                                         Services Act 2003;
                                                                                          ".




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           (3)   Section 81CA(1) is amended in the definition of "prosecution
                 jurisdiction" by deleting paragraph (d) and "or" after it and inserting
                 instead --
                             "
5                                (d)     section 196(2) of the Children and
                                         Community Services Act 2003; or
                                                                                             ".
     16.         Juries Act 1957 amended
           (1)   The amendments in this clause are to the Juries Act 1957*.
10               [* Reprinted as at 3 July 2000.
                    For subsequent amendments see Acts Nos. 25 and 50 of 2003.]
           (2)   The Second Schedule Part I is amended by inserting after item 1(e)
                 the following paragraph --
                         "
15                           (ea)      Magistrate of the Children's Court;
                                                                                             ".
           (3)   The Second Schedule Part I is amended in item 2 as follows:
                   (a) by deleting paragraph (c) and inserting the following
                        paragraph instead --
20                       "
                              (c)      Member of the Children's Court;
                                                                                             ";
                   (b)       by deleting paragraph (k) and inserting the following
                             paragraph instead --
25                       "
                              (k)      Officer as defined in section 3 of the Children and
                                       Community Services Act 2003;
                                                                                             ".




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     17.              Legal Aid Commission Act 1976 amended
           (1)        The amendments in this clause are to the Legal Aid Commission
                      Act 1976*.
                      [* Reprinted as at 5 March 1999.
5                        For subsequent amendments see Western Australian Legislation
                         Information Tables for 2002, Table 1, p. 211.]
           (2)        Section 37(3a)(a) is deleted and the following paragraph is inserted
                      instead --
                             "
10                               (a)   where the person is a child for whom the CEO
                                       has parental responsibility under the Children
                                       and Community Services Act 2003, to the
                                       resources of the Department that are capable of
                                       being applied for the provision of legal aid to
15                                     the person;
                                                                                             ".
           (3)        Section 37(3b) is repealed and the following subsection is inserted
                      instead --
                 "
20                   (3b)     In subsection (3a)(a) --
                              "CEO", "child" and "Department" have the meaning
                                   given to those terms in section 3 of the Children
                                   and Community Services Act 2003.
                                                                                             ".

25   18.              Legal Representation of Infants Act 1977 amended
           (1)        The amendments in this clause are to the Legal Representation of
                      Infants Act 1977*.
                      [* Reprint 1 as at 16 May 2003.]
           (2)        Section 3(1)(d) is amended by deleting "Child Welfare Act 1947" and
30                    inserting instead --
                      "     Children and Community Services Act 2003 ".


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           (3)   Section 5(5) is amended by deleting the passage beginning "under the
                 guardianship" and ending "given him" and inserting instead --
                 "
                       under the guardianship of the CEO as defined in
5                      section 3 of the Children and Community Services
                       Act 2003, the court shall not make an appointment
                       under this section unless and until the court has caused
                       notice to be served on the CEO and given the CEO
                                                                                     ".
10   19.         Parks and Reserves Act 1895 amended
           (1)   The amendments in this clause are to the Parks and Reserves
                 Act 1895*.
                 [* Reprinted as at 5 March 1999.
                    For subsequent amendments see Western Australian Legislation
15                  Information Tables for 2002, Table 1, p. 274.]
           (2)   Section 12A(2) is amended by deleting the definition of "parent" and
                 inserting the following definition instead --
                 "
                       "parent" has the meaning given to that term in
20                         section 3 of the Children and Community Services
                           Act 2003.
                                                                                     ".
           (3)   Section 12A(3) is repealed.

     20.         Prostitution Act 2000 amended
25         (1)   The amendments in this clause are to the Prostitution Act 2000*.
                 [* Act No. 17 of 2000.
                    For subsequent amendments see Western Australian Legislation
                    Information Tables for 2002, Table 1, p. 312 and Act No. 33 of
                    2003.]




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     Schedule 2             Amendments to other Acts



           (2)   Section 57(4)(c) is amended by deleting "Child Welfare Act 1947"
                 and inserting instead --
                 "    Children and Community Services Act 2003 ".
           (3)   Schedule 1 is amended as follows:
5                    (a)    by deleting "Child Welfare Act 1947" and inserting instead --
                            " Children and Community Services Act 2003 ";
                     (b)    by deleting "s. 108(1)" and inserting instead --
                            "   s. 192(1) or (2)   ".

     21.         Protective Custody Act 2000 amended
10         (1)   The amendments in this clause are to the Protective Custody
                 Act 2000*.
                 [* Act No. 50 of 2000.
                    For subsequent amendments see Act No. 31 of 2003.]
           (2)   Section 4(1) is amended by deleting "section 138B of the Child
15               Welfare Act 1947." and inserting instead --
                 "
                           the operation of section 41 of the Children and
                           Community Services Act 2003.
                                                                                      ".
20         (3)   Section 11(6) is repealed.

     22.         Rates and Charges (Rebates and Deferments) Act 1992 amended
           (1)   The amendments in this clause are to the Rates and Charges (Rebates
                 and Deferments) Act 1992*.
                 [* Reprinted as at19 May 2000 .
25                  For subsequent amendments see Western Australian Legislation
                    Information Tables for 2002, Table 1, p. 327 and Act No. 28 of
                    2003.]




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                                           Amendments to other Acts        Schedule 2



           (2)   Section 3(1) is amended by deleting the definition of "State
                 concession card" and inserting the following definition instead --
                 "
                       "State concession card" means a currently valid card
5                          which bears that designation and is issued under
                           section 6 by the CEO as defined in section 3 of the
                           Children and Community Services Act 2003;
                                                                                     ".
           (3)   Section 6(1) is amended by deleting "Director-General of the
10               department established under section 4 of the Community Services
                 Act 1972" and inserting instead --
                 "
                       CEO as defined in section 3 of the Children and
                       Community Services Act 2003
15                                                                                   ".
           (4)   Section 6(2) is amended by deleting "Director-General" in both places
                 where it occurs and inserting instead --
                 "   CEO ".
           (5)   Section 6(3) is amended by deleting "Director-General" and inserting
20               instead --
                 "   CEO ".
     23.         Restraining Orders Act 1997 amended
           (1)   The amendments in this clause are to the Restraining Orders
                 Act 1997*.
25               [* Reprinted as at 6 October 2000.]
           (2)   Section 3 is amended by deleting the definition of "child welfare
                 officer" and inserting instead --
                 "
                       "child welfare officer" means --
30                         (a) the CEO as defined in section 3 of the
                                Children and Community Services Act 2003;
                                or

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     Schedule 2         Amendments to other Acts



                            (b)   a person who is an authorised officer for the
                                  purposes of section 37 of that Act;
                                                                                      ".
           (3)   Section 63(3) is amended by deleting "an application under the Child
5                Welfare Act 1947 to declare a child in need of care and protection"
                 and inserting instead --
                 "
                       protection proceedings under the Children and
                       Community Services Act 2003
10                                                                                    ".
     24.         School Education Act 1999 amended
           (1)   The amendments in this clause are to the School Education Act 1999*.
                 [* Act No. 36 of 1999.
                    For subsequent amendments see Western Australian Legislation
15                  Information Tables for 2002, Table 1, p. 350 and Gazette
                    15 August 2003 p. 3685-92.]
           (2)   Section 42(3) is amended by deleting "If a child is a ward for the
                 purposes of the Child Welfare Act 1947" and inserting instead --
                 "
20                     If the CEO as defined in section 3 of the Children and
                       Community Services Act 2003 has parental
                       responsibility for a child under that Act
                                                                                      ".
     25.         Spent Convictions Act 1988 amended
25         (1)   The amendments in this clause are to the Spent Convictions
                 Act 1988*.
                 [* Reprinted as at 1 September 2000.
                    For subsequent amendments see Western Australian Legislation
                    Information Tables for 2002, Table 1, p. 362 and Act No. 50 of
30                  2003.]




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                                               Amendments to other Acts          Schedule 2



           (2)   Schedule 3 is amended in the Table to clause 2(1) as follows:
                   (a) in item 3 by deleting "or permit to provide a child care
                        service under the Community Services Act 1972." and
                        inserting instead --
5                            "
                                   to provide a child care service under Part 8 of the
                                   Children and Community Services Act 2003.
                                                                                             ";
                   (b)       in item 5 by deleting "for licensing as a foster parent under
10                           the Child Welfare Act 1947." and inserting instead --
                             "
                                   for approval in relation to the placement of a child
                                   under the Children and Community Services
                                   Act 2003.
15                                                                                           ".
     26.         Tobacco Control Act 1990 amended
           (1)   The amendments in this clause are to the Tobacco Control Act 1990*.
                 [* Reprinted as at 2 November 2001.]
           (2)   Section 17(1)(k) is deleted and the following paragraph is inserted
20               instead --
                         "
                             (k)   one shall be the chief executive officer of the
                                   Department as defined in section 3 of the
                                   Children and Community Services Act 2003 or
25                                 the nominee of that chief executive officer.
                                                                                             ".
     27.         Young Offenders Act 1994 amended
           (1)   The amendments in this clause are to the Young Offenders Act 1994*.
                 [* Reprinted as at 8 December 2000.
30                  For subsequent amendments see Western Australian Legislation
                    Information Tables for 2002, Table 1, p. 442 and Act No. 50 of
                    2003.]



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        (2)     Section 3 is amended in the definition of "exempt responsible adult"
                by deleting paragraphs (b) and (c), and "or" after paragraph (c), and
                inserting instead --
                        "
5                           (b)   the CEO as defined in section 3 of the
                                  Children and Community Services Act 2003
                                  who, under that Act, has parental
                                  responsibility for the young person;
                            (c)   an officer as defined in section 3 of the
10                                Children and Community Services Act 2003;
                                  or
                                                                                        ".




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                                                                                              Defined Terms



                                      Defined Terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined Term                                                                                         Provision(s)
Aboriginal child ............................................................................................... 3
Aboriginal person............................................................................................. 3
adult................................................................................................................. 3
advisory body.............................................................................................27(1)
amend ......................................................................................................215(3)
another law...............................................................................................107(1)
applicant ................................................................................................ 91, 197
application ................................................................................................... 197
application for assistance ..........................................................................235(1)
authorisation ....................................................................................Sch. 1, cl. 1
authorised officer .................................................................................3, 195(1)
care plan ....................................................................................10(4), 89(1), 91
carer................................................................................................................. 3
case planning decision .................................................................................... 91
case review panel ........................................................................................... 91
CEO................................................................................................................. 3
child................................................3, 42, 74, 79(1), 105(1), 126(1), 131, 150(1)
child care service.................................................................. 197, 198(1), 198(2)
child protection order ...............................................................................157(1)
child protection proceeding.......................................................................157(1)
child welfare law......................................................................................157(1)
Children's Court.......................................................................................157(1)
commencement day..........................................................................Sch. 1, cl. 1
condition ......................................................................................... 51(1), 64(1)
corporate applicant ....................................................................................... 197
corresponding authority..............................................................................23(1)
Court................................................................................................................ 3
criminal record check ................................................................................... 197
delivery work ............................................................................................... 188
Department ...................................................................................................... 3
departmental record..................................................................................238(1)
disability .......................................................................................................... 3
disposable article.......................................................................................... 112
employ......................................................................................................... 188
enduring parental carer ................................................................................... 42
engage in conduct.....................................................................................101(3)
equivalent authority...................................................................................... 197
existing appeal .................................................................................Sch. 1, cl. 1
existing order ...................................................................................Sch. 1, cl. 1


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Defined Terms



     existing proceedings .........................................................................Sch. 1, cl. 1
     extended order..................................................................................Sch. 1, cl. 1
     family business............................................................................................. 188
     family day care service ................................................................................. 197
     firearm ......................................................................................................... 112
     first listing date ................................................................................................ 3
     guidelines...................................................................................................80(1)
     harm ....................................................................................................3, 101(3)
     home order...............................................................................................157(1)
     identified person.......................................................................................237(2)
     identifying information.............................................................................240(1)
     in need of protection...............................................................................3, 28(2)
     in the CEO's care ....................................................................................... 3, 30
     individual applicant ...................................................................................... 197
     interested person ........................................................................................23(1)
     interim order ........................................................................................3, 157(1)
     interstate law............................................................................................157(1)
     interstate officer .......................................................................................157(1)
     intervention action......................................................................................32(2)
     intoxicant ..................................................................................................... 112
     lawyer ......................................................................................................148(1)
     licence.......................................................................................................... 197
     licensee ........................................................................................................ 197
     licensing officer........................................................................................231(1)
     magistrate ........................................................................................................ 3
     managerial officer ........................................................................................ 197
     Ministerial Body............................................................................................. 17
     neglect .......................................................................................................28(1)
     negotiated placement agreement ....................................................................... 3
     nominated supervising officer....................................................................... 197
     notice .......................................................................................................193(1)
     notifier .....................................................................................................240(1)
     officer ........................................................................ 3, 37(1), 41(1), 87(1), 112
     officer in charge .........................................................................................40(1)
     old order ..................................................................................................237(1)
     parent............................................................................................ 3, 42, 88, 131
     parental responsibility....................................................................................... 3
     participating State.....................................................................................157(1)
     party................................................................................................................. 3
     party to the initial proceedings........................................................................ 42
     person aggrieved ......................................................................................225(2)
     personal material ........................................................................................97(1)
     place ................................................................................................................ 3
     place of residence.....................................................................................105(1)
     placed .............................................................................................................. 3

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                                                                                              Defined Terms



placement......................................................................................................... 3
placement arrangement..................................................................................... 3
police officer .................................................................................................... 3
pre-hearing conference ..................................................................................... 3
prescribed offence ........................................................................................ 197
prescribed period......................................................................................104(1)
prohibited article .......................................................................................... 112
proposal ...................................................................................................143(1)
proposed carer............................................................................................61(1)
proposed interstate order...............................................................158(1), 167(1)
protection application ....................................................................................... 3
protection order ................................................................................................ 3
protection order (enduring parental responsibility) ............................................ 3
protection order (supervision) ........................................................................... 3
protection order (time-limited).......................................................................... 3
protection order (until 18)................................................................................. 3
protection proceedings...................................................................................... 3
provide care .............................................................................................104(1)
provisional care plan ....................................................................... 10(4), 39(1)
provisional protection and care ......................................................................... 3
public authority ................................................................................................ 3
publish .....................................................................................................237(1)
registrar of the Court ................................................................................157(1)
relative............................................................................................................. 3
relevant information ...................................................................................23(1)
relevant person ...........................................................................................73(1)
remote communication .............................................................................120(1)
repealed Act .....................................................................................Sch. 1, cl. 1
report ........................................................................................................... 138
representation...........................................................................................146(1)
residence order .........................................................................................104(1)
responsible person ......................................................................................41(1)
reviewable decision ..................................................................................225(2)
seized.......................................................................................................117(1)
sending State............................................................................................157(1)
service provider................................................................................................ 3
social services .................................................................................................. 3
specific issues order .................................................................................104(1)
specified.............................................................205(2), 229(2), Sch. 1, cl. 25(5)
State.........................................................................................................157(1)
supervising officer........................................................................................ 197
suspension notice ......................................................................................... 197
Torres Strait Islander ........................................................................................ 3
Torres Strait Islander child ............................................................................... 3
transferred order.......................................................................................181(1)

                                                                                                        page 189
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Defined Terms



     usual occupant.............................................................................................. 197
     warrant (access)........................................................................................121(1)
     warrant (apprehension) .............................................................................122(1)
     warrant (provisional protection and care) ..................................................123(1)
     weapon ........................................................................................................ 112
     wellbeing ......................................................................................................... 3
     working day .........................................................................................3, 157(1)
     young child ..............................................................................................104(1)




 


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