Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 99MA

99MA Suspension of review proceeding if court may deal with contact matter

(1) This section applies if—

(a) the chief executive makes a reviewable decision under section 87 (2) about contact between a child and the child’s parents or members of the child’s family; and

(b) a review application for the reviewable decision is made; and

(c) a proceeding for the review application (the
"review proceeding" ) is before the tribunal; and

(d) the applicant is also a party to a child protection proceeding relating to the child before the Childrens Court.

(2) If the chief executive becomes aware the circumstances mentioned in subsection (1) have arisen, the chief executive must notify the tribunal registrar.

(3) After the tribunal registrar is notified—

(a) a legally qualified member of the tribunal must suspend the review proceeding; and

(b) the tribunal registrar must notify the parties to the review proceeding and the court registrar of the suspension; and

(c) the chief executive must notify the parties to the child protection proceeding of the suspension.

(4) While the review proceeding is suspended, the court may make an order that the subject matter of the reviewable decision may be dealt with by the tribunal in the review proceeding.

(5) The court registrar must—

(a) if the court makes an order under subsection (4) —give the tribunal registrar a copy of the order; or

(b) if the court adjourns the child protection proceeding and makes an interim contact order—give the tribunal registrar a copy of the interim contact order; or

(c) if the court decides the child protection proceeding without making an order under subsection (4) or an interim contact order—notify the tribunal registrar of that action.

(6) If the tribunal registrar is notified that the court has acted in a way mentioned in subsection (5) (a) or (c) —

(a) a legally qualified member of the tribunal must cancel the suspension of the review proceeding; and

(b) the tribunal registrar must notify the parties to the review proceeding that the proceeding is no longer suspended.

(7) If the tribunal registrar is notified that the court has made an interim contact order—

(a) a legally qualified member of the tribunal must dismiss the review application; and

(b) the tribunal registrar must notify the parties to the review proceeding of the dismissal.

(8) This section does not affect the tribunal’s power to dismiss the review application apart from this section.

(9) In this section—

"court registrar" means the registrar of the Childrens Court.

"interim contact order" means an order under section 67 (1) (b) or 68 (1) (c) about the subject matter of the reviewable decision mentioned in subsection (1) (a) .

"party" , to a child protection proceeding, includes—

(a) a separate representative for the child in the proceeding; and

(b) a person taking part in the proceeding under an order in force under section 113 .

"tribunal registrar" means the principal registrar under the QCAT Act .