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CHILD PROTECTION AND OTHER ACTS AMENDMENT ACT 2010 NO. 33
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
Part 2--Amendment of Child Protection Act 1999
3. Act amended
4. Omission of s 3A (Notes in text)
5. Amendment of ch 1, pt 2 hdg
6. Insertion of new ch 1, pt 2, div 1 hdg
7. Replacement of s 5 (Principles for administration of Act)
8. Amendment of s 6 (Provisions about Aboriginal and Torres Strait Islander children)
9. Insertion of new ch 1, pt 2, div 2 hdg
10. Amendment of s 9 (What is harm)
11. Amendment of s 11 (Who is a parent)
12. Amendment of s 13 (What is effect of guardianship)
13. Amendment of s 14 (Chief executive may investigate alleged harm )
14. Replacement of s 15 (Child's parents to be told about allegation of harm and outcome of investigation)
15. Amendment of s 17 (Contact with children in school, child care centre, family day care etc.)
16. Amendment of s 18 (Child at immediate risk may be taken into custody)
17. Replacement of s 20 (Officer's obligations on taking child into custody)
18. Amendment of s 21A (Unborn children)
19. Amendment of s 23 (Meaning of parent in pt 2)
20. Amendment of s 25 (Making of application for order)
21. Amendment of s 27 (Making of temporary assessment order)
22. Amendment of s 29 (Duration of temporary assessment orders)
23. Replacement of s 30 (Special orders)
24. Amendment of s 31 (Order—procedure before entry)
25. Amendment of s 32 (Explanation of temporary assessment orders)
26. Amendment of s 34 (Extension of temporary assessment orders)
27. Amendment of s 37 (Meaning of parent in pt 3)
28. Amendment of s 38 (Purpose of pt 3)
29. Amendment of s 41 (Notice of application)
30. Amendment of s 45 (Provisions of court assessment order)
31. Insertion of new ch 2, pt 3AA
32. Amendment of s 51D (How case planning must be carried out)
33. Amendment of s 51F (Meaning of parent in pt 3A)
34. Amendment of s 51Q (Dealing with a case plan developed at a meeting)
35. Amendment of s 51V (Plan must be reviewed)
36. Insertion of new s 51VA
37. Insertion of new ch 2, pt 3A, div 6
38. Amendment of s 51ZE (Entering an agreement)
39. Amendment of s 51ZI (Ending an agreement)
40. Amendment of s 52 (Meaning of parent in pt 4)
41. Amendment of s 59 (Making of child protection order)
42. Amendment of s 61 (Types of child protection orders)
43. Amendment of s 65 (Variation and revocation of child protection orders)
44. Insertion of new ch 2, pt 4, div 4
45. Amendment of s 67 (Court's powers to make interim orders on adjournment)
46. Insertion of new s 67A
47. Insertion of new s 80A
48. Amendment of s 95 (Report about person's criminal history etc.)
49. Amendment of s 97 (Carrying out medical examinations or treatment)
50. Amendment of s 99 (Custody or guardianship of child continues pending decision on application for order)
51. Amendment of s 99D (Principles for tribunal in matters relating to this Act)
52. Amendment of s 99H (Constitution of tribunal)
53. Replacement of s 104 (Court's paramount consideration)
54. Amendment of s 110 (Separate legal representation of child)
55. Amendment of s 113 (Court may hear submissions from non-parties to proceeding)
56. Amendment of s 117 (Who may appeal)
57. Amendment of s 120 (Hearing procedures)
58. Amendment of s 122 (Statement of standards)
59. Amendment of s 126 (Restrictions on granting application)
60. Insertion of new 129A
61. Amendment of s 130 (Nominees)
62. Amendment of s 136D (Issue of certificate)
63. Amendment of s 140AB (Definitions for sdiv 3)
64. Amendment of s 140AC (Immediate suspension)
65. Amendment of s 140AF (End of suspension)
66. Amendment of s 159 (Payments for care and maintenance)
67. Amendment of s 159A (Purpose)
68. Amendment of s 159B (Principles for coordinating service delivery and exchanging information)
69. Insertion of new s 159BA
70. Amendment of s 159C (What is relevant information)
71. Amendment of s 159D (Other definitions for ch 5A)
72. Replacement of s 159F (Service providers' responsibilities)
73. Amendment of s 159G (Chief executive's responsibilities)
74. Amendment of s 159M (Particular prescribed entities giving and receiving relevant information)
75. Amendment of s 159O (Release of information by a health services designated person)
76. Amendment of 159R (Interaction with other laws)
77. Amendment of s 171 (Application for warrant for apprehension of child)
78. Replacement of s 173 (Special warrants)
79. Amendment of s 174 (Warrants—procedure before entry)
80. Amendment of s 186 (Confidentiality of notifiers of harm or risk of harm)
81. Amendment of s 187 (Confidentiality of information obtained by persons involved in administration of Act)
82. Amendment of s 188 (Confidentiality of information given by persons involved in administration of Act to other persons)
83. Amendment of s 189A (Making information available for Youth Justice Act 1992)
84. Insertion of new s 189B
85. Amendment of s 195 (Compliance with provisions about explaining and giving documents)
86. Amendment of s 199 (Further guiding principle)
87. Amendment of s 205 (Meaning of parent for ch 7)
88. Amendment of s 210 (Notice of decision)
89. Amendment of s 246A (Chief executive to review department's involvement with particular children)
90. Amendment of s 246C (Chief executive may seek information from entities)
91. Amendment of s 246E (Protection from liability for giving information to chief executive)
92. Amendment of sch 2 (Reviewable decisions and aggrieved persons)
93. Amendment of sch 3 (Dictionary)
Part 3--Amendment of Commission for Children and Young People and Child Guardian Act 2000
94. Act amended
95. Replacement of s 36 (Employment screening of commission's staff)
96. Amendment of s 62 (Grounds for not dealing with complaint)
97. Amendment of s 107 (Appointment)
98. Amendment of s 156 (Employment and businesses regulated by this chapter)
99. Amendment of s 176 (Giving notification under pt 4)
100. Amendment of s 178 (Application for an eligibility declaration)
101. Amendment of s 200 (Form of application)
102. Amendment of s 212 (Form of application)
103. Amendment of s 249 (Giving notification under pt 5)
104. Amendment of s 261 (Form of application)
105. Amendment of s 273 (Form of application)
106. Amendment of s 343 (Commissioner must give information about particular approved teachers to college of teachers)
107. Amendment of s 345 (Use of information obtained under this chapter about a person)
108. Amendment of s 349 (Replacement notice if change in employment etc. details generally)
109. Replacement of s 350 (Replacement notice if change from employment as a volunteer to employment other than as a volunteer etc.)
110. Insertion of new ch 8A
111. Amendment of s 384 (Confidentiality of information about criminal history or related information)
112. Amendment of s 501 (Particular prescribed police information obtained but not used before commencement)
113. Insertion of new ch 11, pt 14
114. Amendment of sch 1, pt 3 (Employment to which chapter 8 of this Act does not apply)
115. Amendment of sch 7 (Dictionary)
Part 4--Amendment of Community Services Act 2007
116. Act amended
117. Amendment of s 144 (Particular police information obtained but not used before commencement)
Part 5--Amendment of Disability Services Act 2006
118. Act amended
119. Amendment of s 107A (Replacement notice etc. if change in engagement details)
120. Amendment of s 256 (Particular prescribed police information obtained but not used before commencement)
121. Amendment of s 288 (Provision about persons engaged to provide disability services only to children)
122. Amendment of s 289 (Provision about holders of CCYPCG positive notice)
Part 6--Amendment of Family Services Act 1987
123. Act amended
124. Amendment of s 38 (Particular police information obtained before commencement)
Part 7--Amendment of Juvenile Justice and Other Acts Amendment Act 2009
125. Act amended
126. Amendment of schedule (Consequential amendments)
Part 8--Amendment of Public Service Act 2008
127. Act amended
128. Amendment of s 150 (Definitions for pt 6)
129. Amendment of s 151 (Application of div 2)
130. Amendment of s 156 (Application of div 3)
131. Amendment of s 157 (Definitions for div 3)
132. Amendment of s 158 (Prescribed notice or exemption notice required for child-related duties)
133. Amendment of s 159 (Chief executive to apply for prescribed notice or exemption notice)
134. Omission of s 160 (CCYPCG commissioner to undertake child-related employment screening)
135. Amendment of s 161 (Engaging public service employee before prescribed notice or exemption notice issued)
136. Amendment of s 162 (Engaging other person before prescribed notice or exemption notice issued)
137. Insertion of new ch 9, pt 6
138. Amendment of sch 4 (Dictionary)
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