Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 148BB

148BB Chief executive may delegate functions or powers

(1) The chief executive may delegate 1 or more of the chief executive’s functions or powers under this Act in relation to an Aboriginal or Torres Strait Islander child who is—

(a) a child in need of protection; or

(b) likely to become a child in need of protection.

(2) The delegation must—

(a) despite the Acts Interpretation Act 1954 , section 27A (1) (b) , state the name of the person to whom the function or power is delegated; and

(b) state the child’s name; and

(c) state each function or power the person may perform or exercise in relation to the child; and

(d) state any conditions of the delegation.

(3) The chief executive may delegate a function or power to a person in relation to a child under subsection (1) only if—

(a) the person—

(i) is an Aboriginal or Torres Strait Islander person; and

(ii) is the chief executive officer, however named, of an appropriate Aboriginal or Torres Strait Islander entity; and

(iii) holds a working with children authority; and

(b) the chief executive is reasonably satisfied the person—

(i) is appropriately qualified to perform the function or exercise the power in relation to the child; and

(ii) is a suitable person to perform the function or exercise the power in relation to the child.

(4) Before delegating a function or power to a person under subsection (1) , the chief executive must—

(a) to the extent it is safe, possible and practical to do so, seek the views of the child and the parents of the child; and

(b) have regard to any views obtained under paragraph (a) .

(5) The delegation does not take effect until the person has given the chief executive written notice that the person accepts the delegation.