Queensland Numbered Acts

DIRECTOR OF CHILD PROTECTION LITIGATION ACT 2016

- As at 25 May 2016
- Act 23 of 2016

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Definitions

           Division 2 - Purpose and principles

   4.      Main purpose of Act
   5.      Paramount principle
   6.      Other general principles

   PART 2 - DIRECTOR OF CHILD PROTECTION LITIGATION

           Division 1 - Director of Child Protection Litigation

   7.      Establishment
   8.      Director represents the State

           Division 2 - Functions and powers

   9.      Functions
   10.     Applying for child protection orders and related orders
   11.     Engaging lawyers
   12.     Powers
   13.     Not under Ministerial control
   14.     Delegation

   PART 3 - REFERRALS

           Division 1 - Referral of child protection matters

   15.     When chief executive (child safety) must refer child protection matter
   16.     Requirements for referral of child protection matter

           Division 2 - Dealing with child protection matters

   17.     How director may deal with referral of child protection matter
   18.     When director must consult with chief executive (child safety) and give reasons

   PART 4 - CONFIDENTIALITY AND EXCHANGE OF INFORMATION

           Division 1 - Confidentiality

   19.     Confidentiality of information
   20.     Disclosure by director of information for research purposes
   21.     Confidentiality of information given to other persons

           Division 2 - Information exchange

   22.     Definition for division
   23.     Director may ask for information
   24.     Disclosure by chief executive (child safety) for child protection proceeding

   PART 5 - ADMINISTRATION

           Division 1 - Appointment of director and related matters

   25.     Appointment
   26.     Director appointed under this Act
   27.     Term of office
   28.     Conditions of appointment
   29.     Preservation of rights of director
   30.     Other employment limited
   31.     Director’s previous involvement does not prevent or limit performance of functions
   32.     Vacancy in office
   33.     Acting director
   34.     Not a statutory body for particular Acts

           Division 2 - Office and staff

   35.     Establishment
   36.     Function
   37.     Staff
   38.     Control of office

   PART 6 - MISCELLANEOUS

   39.     Director may make guidelines
   40.     Annual report
   41.     Review of Act and operations of office
   42.     Regulation-making power

   PART 7 - TRANSITIONAL PROVISIONS FOR THIS ACT

   43.     Meaning of pre-amended for this part
   44.     Existing applications
   45.     Existing proceedings
   46.     Existing child protection proceedings transferred to Queensland
   47.     Appealing decisions on applications made before commencement

   PART 8 - AMENDMENT OF ACTS

           Division 1 - Amendment of this Act

   48.     Act amended
   49.     Amendment of long title

           Division 2 - Amendment of Child Protection Act 1999

   50.     Act amended
   51.     Amendment of s 6 (Recognised entities and decisions about Aboriginal and Torres Strait Islander children)
   51A.    Amendment of s 34 (Extension of temporary assessment orders)
   51AB.   Amendment of s 51AH (Extension of temporary custody orders)
   52.     Amendment of s 51L (Who should be involved)
   53.     Replacement of s 54 (Application for child protection order)
   54.     Amendment of s 56 (Notice of application)
   55.     Amendment of s 64 (Extension of certain child protection orders)
   56.     Amendment of s 65 (Variation and revocation of child protection orders)
   57.     Amendment of s 65A (Court may make transition order)
   58.     Amendment of s 68 (Court’s other powers on adjournment of proceedings for child protection orders)
   59.     Amendment of s 70 (Attendance of parties)
   60.     Amendment of s 186 (Confidentiality of notifiers of harm or risk of harm)
   61.     Amendment of s 212 (Application for transfer)
   62.     Amendment of s 225 (Application for transfer)
   63.     Amendment of s 227 (Notice of application)
   64.     Amendment of s 235 (Filing and registration of interstate transfer decision)
   65.     Amendment of s 236 (Effect of registration of interstate transfer decision)
   66.     Amendment of s 238 (Revocation of registration)
   67.     Insertion of new ch 7A, pt 1, div 1, hdg
   68.     Replacement of s 246AA (Purpose)
   69.     Insertion of new ch 7A, pt 1, div 2, hdg and s 246
   70.     Amendment of s 246A (Chief executive to review department’s involvement with particular children)
   71.     Insertion of new s 246AA
   72.     Insertion of new ch 7A, pt 1, div 3, hdg and s 246AB
   73.     Amendment of s 246B (Terms of reference and extent of review)
   74.     Insertion of new s 246BA
   75.     Amendment of s 246C (Chief executive may seek information from entities)
   76.     Insertion of new ch 7A, pt 1, div 4, hdg
   77.     Replacement of s 246D (Report to be prepared and given to review panel)
   78.     Amendment of s 246DA (Review panel may obtain further information)
   79.     Replacement of ss 246DB and 246DC
   80.     Amendment of s 246H (Chief executive to give reports to State Coroner)
   81.     Amendment of s 246HA (Appointment)
   82.     Amendment of s 246HE (Establishment)
   83.     Amendment of s 246HF (Allocation of reviews)
   84.     Amendment of s 246HH (Membership)
   85.     Amendment of s 246HJ (Quorum)
   86.     Amendment of s 246HK (Disclosure of interests)
   87.     Amendment of sch 3 (Dictionary)

           Division 3 - Amendment of Child Protection (International Measures) Act 2003

   88.     Act amended
   89.     Amendment of s 7 (Circumstances in which Queensland court may exercise jurisdiction)
   90.     Amendment of s 8 (Application of this part)
   91.     Amendment of s 9 (Matters relating to jurisdiction for the person of a child)
   92.     Amendment of s 11 (Limitations concerning prior proceedings in a Convention country)
   93.     Amendment of s 12 (If a Queensland authority is asked to assume jurisdiction)
   94.     Amendment of s 23 (Action on receipt of foreign personal protection measure)
   95.     Amendment of s 30 (Functions of department)
   96.     Amendment of sch 4 (Dictionary)

           Division 4 - Amendment of Childrens Court Act 1992

   97.     Act amended
   98.     Amendment of s 21A (Definitions for div 4)
   99.     Amendment of s 21D (Application for closed proceedings)

           Division 5 - Amendment of Family and Child Commission Act 2014

   100.    Act amended
   101.    Amendment of sch 1 (Dictionary)

           Division 6 - Amendment of Public Service Act 2008

   102.    Act amended
   103.    Amendment of sch 1 (Public service offices and their heads)
           SCHEDULE 1