Queensland Numbered Acts

COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - SECT 214

214 Amendment of s 52 (When is a child a relevant child)

Section 52(1) to (3)—
omit, insert—

(1) A child is a
"relevant child" if—

(a) the child is subject to any of the following—

(i) a temporary assessment order under the Child Protection Act , section 27(1);

(ii) a court assessment order under the Child Protection Act , section 44;

(iii) a temporary custody order under the Child Protection Act , section 51AE;

(iv) a child protection order under the Child Protection Act , section 61, including a child protection order that continues in force—

(A) under a transition order made under section 65A of that Act; or

(B) by operation of section 65A(4) of that Act;

(v) an intervention, with the child’s parents’ agreement, by the chief executive (child safety) under the Child Protection Act , chapter 2, part 3B, division 2;

(vi) a care agreement under the Child Protection Act , section 51ZE; or

(b) the child is the subject of an application for an order mentioned in subsection (1)(a)(i) to (iv).

(2) A child stops being a
"relevant child" if—

(a) subject to subsection (3)—

(i) the child stops being subject to an order, intervention or agreement mentioned in subsection (1)(a)(i) to (vi); or

(ii) if the child is the subject of an application mentioned in subsection (1)(b)—the application is withdrawn or refused; or

(b) subject to subsection (4), the child turns 18.

(3) A child to whom subsection (2)(a) refers continues to be a
"relevant child" if—

(a) immediately before the child stopped being subject to the order, intervention or agreement, or the application in relation to the child was withdrawn or refused, the public guardian was providing particular help to the child and the public guardian believes—

(i) it is appropriate to finish providing the help to the child; or

(ii) the child—

(A) may be the subject of a further application for an order mentioned in subsection (1)(a)(i) to (iv) or a further intervention or agreement; and

(B) continues to be in need of particular help during the period before the application is made, the intervention starts or the agreement is entered into; or

(b) the public guardian believes the child requires particular help to review—

(i) a decision ending the order, intervention or agreement; or

(ii) a decision to withdraw or refuse an application mentioned in subsection (1)(b).