Queensland Consolidated Acts Queensland Consolidated Actsaggrieved person, for a reviewable decision, means a person stated opposite the decision in schedule 2.
appellate court means—
(a) for a decision on an application for a court assessment order or child protection order, or for an order transferring a child protection order or child protection proceeding to a participating State—
(i) if the decision was made by the Childrens Court constituted by a judge—the Court of Appeal; or
(ii) if the decision was made by the Childrens Court constituted in another way—the Childrens Court constituted by a judge; or
(b) for a decision on an application for a temporary assessment order or temporary custody order—the Childrens Court constituted by a judge.
apply for an exemption notice means apply for an exemption notice under the Commissioner's Act.
apply for a prescribed notice means apply for a prescribed notice under the Commissioner's Act.
apply for a review, for chapter 4, part 2, division 4, subdivision 3, see section 140AB.
appropriately qualified, for an officer or employee of the department to whom a power under this Act may be delegated, includes having qualifications, experience or standing appropriate to exercise the power.
Example of standing—
an officer's classification level in the public service
approved carer—
(a) generally, means—
(i) an approved foster carer; or
(ii) an approved kinship carer; or
(iii) a provisionally approved carer; or
(b) for chapter 4, part 2, division 4, subdivision 3—see section 140AB.
approved form means a form approved under section 157.
approved foster carer means a person who holds a certificate of approval as an approved foster carer.
approved kinship carer, for a child, means a person who holds a certificate of approval as an approved kinship carer for the child.
assessment care agreement see section 51ZD(2).
assessment order means a temporary or court assessment order.
associated interim order, in relation to a proceeding transferred to Queensland by a court under an interstate law, means an interim order made by the court when ordering the transfer of the proceeding.
authorised officer means a person holding office as an authorised officer under an appointment under this Act.
authority means a licence or certificate of approval.
care agreement see section 51ZD(1).
carer, of a child, means the entity in whose care the child has been placed under section 82(1).
case plan see section 51B.
case planning see section 51A.
case planning meeting see section 51H(2).
CDCRC means the Child Death Case Review Committee established under the Commissioner's Act, chapter 6, part 1.
certificate of approval means a certificate of approval issued under chapter 4, part 2.
charge, of an offence, means a charge in any form, including, for example, the following—
(a) a charge on an arrest;
(b) a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382;
(c) a complaint under the Justices Act 1886;
(d) a charge by a court under the Justices Act 1886, section 42(1A), or another provision of an Act;
(e) an indictment.
charter of rights means the charter of rights for a child in care in schedule 1.
chief executive (adoptions) means the chief executive of the department in which the Adoption Act 2009 is administered.
chief executive for transport means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.
child see section 8.
child in need of protection see section 10.
child protection care agreement see section 51ZD(3).
child protection order—
(a) means a child protection order under chapter 2, part 4, including—
(i) an order extending, varying or revoking a child protection order; and
(ii) an interim order under section 67 in relation to a proceeding for a child protection order; and
(b) for chapter 7, includes an order mentioned in section 201.
child protection proceeding means—
(a) a proceeding under this Act for the making, extension, amendment or revocation of a child protection order; or
(b) a proceeding under a child welfare law of a participating State for—
(i) the making, extension, amendment or revocation of a child protection order or interim order; or
(ii) if, under that law, the making of a particular finding is a prerequisite to the making of a child protection order—the making of the finding.
children's commissioner means the Commissioner for Children and Young People and Child Guardian under the Commissioner's Act.
Childrens Court, of another State, means the court in that State that may hear and decide a child protection proceeding at first instance.
child welfare law, of another State, means a law declared under section 203 to be a child welfare law of that State.
commencement, for chapter 9, part 6, see section 266.
commission, of an offence, includes attempted commission of the offence.
Commissioner's Act means the Commission for Children and Young People and Child Guardian Act 2000.
contact, with a child, includes to see and talk to the child.
contact arrangements, for a child, means arrangements for the child's contact with members of the child's family group or other persons with whom the child is connected.
convicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded.
court assessment order means an order under chapter 2, part 3, and includes—
(a) an order extending, varying or revoking a court assessment order; and
(b) an interim order under section 67 in relation to a proceeding for a court assessment order.
criminal history, of a person, means all of the following—
(a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this definition, including spent convictions;
(b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this definition;
(c) every disqualification order made under the Commission for Children and Young People and Child Guardian Act 2000 in relation to the person, whether before or after the commencement of this definition;
(d) every disqualification order and offender prohibition order made under the Child Protection (Offender Prohibition Order) Act 2008 in relation to the person, whether before or after the commencement of this definition.
current—
1 A prescribed notice or exemption notice is current if it is in force, and is not suspended, under the Commissioner's Act.
2 An application for a prescribed notice or exemption notice is current if it has been made under the Commissioner's Act and has not been decided or withdrawn.
departmental care service means a care service established by the chief executive to accommodate children in the chief executive's custody or guardianship or other children in need of protection.
director, of an applicant for a licence or a licensee, means—
(a) if the applicant or licensee is a company under the Corporations Act—a person appointed as a director of the applicant or licensee; or
(b) otherwise—a person who is, or is a member of, the executive or management entity, by whatever name called, of the applicant or licensee.
disqualifying offence means a disqualifying offence under the Commissioner's Act.
domestic violence history, of a person, means the history of domestic violence orders made against the person under the Domestic and Family Violence Protection Act 1989.
endorse, a case plan, means record an endorsement on the plan.
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.
exemption notice means an exemption notice under the Commissioner's Act.
family group, for chapter 2, part 3A, see section 51E.
family group meeting means a family group meeting under chapter 2, part 3A.
foster carer certificate see section 131(a).
government entity means a government entity under the Public Service Act 2008, section 24, and includes the Queensland Police Service to the extent it is not a government entity under that section.
harm see section 9.
health practitioner means—
(a) a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following—
(i) the dental profession as any of the following—
(A) dentist;
(B) dental therapist;
(C) dental hygienist;
(D) oral health therapist;
(ii) the nursing and midwifery profession as a nurse;
(iii) the medical profession;
(iv) the optometry profession;
(v) the physiotherapy profession;
(vi) the psychology profession; or
(b) a person registered under any of the following Acts—
(i) Occupational Therapists Registration Act 2001;
(ii) Speech Pathologists Registration Act 2001; or
(c) a person who is eligible for membership of the Australian Association of Social Workers.
holder, of an authority, means—
(a) for a licence—the licensee; or
(b) for a certificate of approval—the holder of the certificate.
home order see section 200(a).
interstate government officer see section 235(7).
interstate law, of another State, means a law declared under section 204 to be an interstate law of that State.
interstate officer, for another State, means the officer declared to be the interstate officer for that State under section 204.
interstate transfer decision means—
(a) an order of a court in a participating State, made under an interstate law of that State, transferring a child protection order or child protection proceeding from that State to Queensland; or
(b) a decision of the interstate officer of a participating State, made under an interstate law of that State, to transfer a child protection order from that State to Queensland.
intervention see section 51ZA.
judge means a Childrens Court judge.
judicial review application means an application for a statutory order of review, or an application for review, under the Judicial Review Act 1991.
kin, in relation to a child, means—
(a) any of the child's relatives who are persons of significance to the child; and
(b) anyone else who is a person of significance to the child.
kinship carer certificate see section 131(b).
licence means a licence to provide care services.
licensed care service means a service, operated under a licence, to provide care for children in the chief executive's custody or guardianship.
licensed premises means premises to which a licence relates.
licensed residential facility means licensed premises in which children reside.
living arrangements, for a child, means arrangements about where or with whom the child will live.
long-term guardian, of a child, means a person, other than the chief executive, who is granted long-term guardianship of the child under a child protection order.
Note—
See section 61(f)(i) and (ii).
long-term guardianship, of a child under a child protection order, means guardianship until the child turns 18 years.
medical examination means a physical, psychiatric, psychological or dental examination, assessment or procedure, and includes forensic examination and an examination or assessment normally carried out by a health practitioner.
member, of a person's household—
(a) includes—
(i) someone who lives in the person's home; and
(ii) an adult who, because of the nature of their contact with the child in need of protection and the context in which that contact happens, may create an unacceptable level of risk to the child; but
(b) does not include a parent of the child living in the person's home if the child was placed in the care of the person under section 82(1).
member, of a recognised entity, includes a person employed or engaged by the entity.
negative exemption notice means a negative exemption notice under the Commissioner's Act.
negative prescribed notice means a negative notice under the Commissioner's Act.
obstruct includes hinder, resist and attempt to obstruct.
order means an assessment order, temporary custody order or child protection order.
parent for—
(a) chapter 2, part 2—see section 23; or
(b) chapter 2, part 3—see section 37; or
(c) chapter 2, part 3AA—see section 51AA; or
(d) chapter 2, part 3A, see section 51F; or
(e) chapter 2, part 4—see section 52; or
(f) chapter 7—see section 205; or
(g) other provisions—see section 11.
Editor's note—
The definition parent applying to the provisions mentioned in paragraphs (a) to (f) is the same.
participating State means a State declared to be a participating State under section 204.
party, to a proceeding on an application for an order for a child, means the child, the applicant or a respondent to the application, and includes the chief executive if the application is for a court assessment order made by a police officer.
personal history see section 141B.
place includes—
(a) land or premises; and
(b) a vehicle, boat or aircraft.
police commissioner means the commissioner of the Queensland Police Service.
police information, for chapter 4, part 2, division 7, see section 142.
positive exemption notice means a positive exemption notice under the Commissioner's Act.
positive prescribed notice means a positive notice under the Commissioner's Act.
post-amended Act, for chapter 9, part 6, see section 266.
premises includes—
(a) a building or structure, or part of a building or structure; and
(b) land on which a building or structure is situated.
prescribed entity, for chapter 5A, see section 159D.
prescribed notice means a prescribed notice under the Commissioner's Act.
prescribed provision, for chapter 4, part 2, division 4, subdivision 3, see section 140AB.
private convenor see section 51I(1).
prohibiting event, for chapter 4, part 2, division 4, subdivision 3, see section 140AB.
proposed interstate order see section 200(b).
protection, of a child, includes care of the child.
provisional certificate means a certificate of approval as a provisionally approved carer.
provisionally approved carer, for a child, means a person who holds a certificate of approval as a provisionally approved carer for the child.
publish, for chapter 6, part 6, see section 185.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
recognised entity—
(a) in relation to Aboriginal or Torres Strait Islander children generally, means an entity on the list kept under section 246I; and
(b) for a particular Aboriginal or Torres Strait Islander child, means an entity on the list kept under section 246I that the chief executive is satisfied is an appropriate entity to consult about the child's protection.
registrar, of the Childrens Court held at a place, includes the clerk of the Magistrates Court at the place.
relevant child, for chapter 5A, see section 159BA.
relevant information, for chapter 5A, see section 159C.
relevant person, for chapter 4, part 2, division 4, subdivision 3, see section 140AB.
reviewable decision means—
(a) for chapter 2A—see section 99B; or
(b) otherwise—a decision stated in schedule 2.
revised case plan means a case plan prepared under chapter 2, part 3A, division 5.
SCAN stands for 'Suspected Child Abuse and Neglect'.
serious offence means a serious offence under the Commissioner's Act.
service provider see section 159D.
short-term guardianship, of a child under a child protection order, means guardianship of the child for not more than 2 years.
spent conviction means a conviction—
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under the Act; and
(b) that is not revived as prescribed by section 11 of that Act.
State includes New Zealand.
statement of standards see section 122.
student hostel, for chapter 5A, see section 159D.
suitable person means—
(a) for having the custody or guardianship of a child—a person who is a suitable person under a regulation and agrees to accept the custody or guardianship of the child; or
(b) for having the daily care of a child—a person who is a suitable person under a regulation; or
(c) for managing a licensed care service—a person who is a suitable person under a regulation; or
(d) for a director of an applicant for a licence or a licensee—a person who is a suitable person under a regulation; or
(e) for a nominee for a licence—a person who is a suitable person under a regulation; or
(f) for a person who will be, or is, engaged in relation to the provision of care services by a licensed care service—a person who is a suitable person under a regulation; or
(g) for an approved foster carer—a person who is a suitable person under a regulation; or
(h) for an approved kinship carer—a person who is a suitable person under a regulation; or
(i) for a provisionally approved carer—a person who is a suitable person under a regulation; or
(j) for associating on a daily basis with children or a particular child—a person who is a suitable person under a regulation.
temporary assessment order means an order under chapter 2, part 2, and includes an order extending a temporary assessment order.
temporary custody order means an order under chapter 2, part 3AA.
this Act, for chapter 6, part 6, see section 185.
traffic history, of a person, means the history of the person's contraventions of the following provisions—
(a) the Transport Operations (Road Use Management) Act 1995, section 79;
Editor's note—
Transport Operations (Road Use Management) Act 1995, section 79 (Vehicle offences involving liquor or other drugs)
(b) the Criminal Code, section 328A.
Editor's note—
Criminal Code, section 328A (Dangerous operation of a vehicle)
transition order see section 65A(2).
tribunal means QCAT.
woman includes any female.