Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act, unless
the contrary intention appears —
Aboriginal person means a person who is a
descendant of Aboriginal people of Australia, and Aboriginal child has a
corresponding meaning;
adult means a person who has reached 18 years
of age;
assessor means a person appointed to be an
assessor under section 125A(2);
authorised officer means an officer designated
under section 25 for the purposes of this Act or for the purposes of the
provision in which the term is used;
carer means a person who provides care for a child
under a placement arrangement;
CEO means the chief executive officer of the
Department;
child means a person who is under 18 years of
age, and in the absence of positive evidence as to age, means a person who is
apparently under 18 years of age;
Court means the Children’s Court;
Department means the department of the
Public Service principally assisting the Minister in the administration
of this Act;
disability means a disability —
(a) that
is attributable to an intellectual, psychiatric, cognitive, neurological,
sensory, or physical impairment or a combination of those impairments; and
(b) that
is permanent or likely to be permanent; and
(c) that
may or may not be of a chronic or episodic nature; and
(d) that
results in —
(i)
a substantially reduced capacity of the person for
communication, social interaction, learning or mobility; and
(ii)
a need for continuing support services;
first listing date , in relation to a protection
application, means the day fixed under section 44(4) in respect of the
application;
harm , in relation to a child, includes harm to
the child’s physical, emotional or psychological development;
in need of protection has the meaning given to
that term in section 28(2);
in the CEO’s care has the meaning given to
that term in section 30;
interim order , except in Part 6, means an
order made under section 133;
interim order (secure care) means an order under
section 133(2)(ca);
judge means a judge of the Court;
magistrate means a magistrate of the Court;
negotiated placement agreement means an agreement
under section 75(1);
officer means a person employed in, or engaged by,
the Department whether as a public service officer under the Public Sector
Management Act 1994 , under a contract for services, or otherwise;
parent , in relation to a child, means a person,
other than the CEO, who at law has responsibility for —
(a) the
long-term care, welfare and development of the child; or
(b) the
day-to-day care, welfare and development of the child;
parental responsibility , in relation to a child,
means all the duties, powers, responsibilities and authority which, by law,
parents have in relation to children;
party , in relation to protection proceedings,
means a person who is a party to the proceedings under section 147;
place means anywhere at all, and includes anywhere
in or on something that is moving or can move;
placement arrangement means an arrangement under
section 79(2) for the placement of a child;
police officer has the meaning given to that term
in the Protective Custody Act 2000 section 3;
pre-hearing conference means a conference referred
to in section 136(1);
protection application means an application to the
Court for a protection order;
protection order has the meaning given to that
term in section 43;
protection order (special guardianship) has the
meaning given in section 60;
protection order (supervision) has the meaning
given to that term in section 47;
protection order (time-limited) has the meaning
given to that term in section 54;
protection order (until 18) has the meaning given
to that term in section 57;
protection proceedings means proceedings in
respect of, or in connection with, a protection application or other
application to the Court under Part 4 (excluding an application under
section 65, 73 or 126);
provisional protection and care has the meaning
given to that term in section 29(1);
(a) a
department of the Public Service; or
(b) a
State agency or instrumentality; or
(c) a
local government or regional local government; or
(d) a
body, whether corporate or unincorporate, or the holder of an office, post or
position, established or continued for a public purpose under a written law;
relative , in relation to a child, means each of
the following people —
(a) the
child’s —
(i)
parent, grandparent or other ancestor;
(ii)
step-parent;
(iii)
sibling;
(iv)
uncle or aunt;
(v)
cousin;
(vi)
spouse or de facto partner,
whether the
relationship is established by, or traced through, consanguinity, marriage, a
de facto relationship, a written law or a natural relationship;
(b) in
the case of an Aboriginal child, a person regarded under the customary law or
tradition of the child’s community as the equivalent of a person
mentioned in paragraph (a);
(c) in
the case of a Torres Strait Islander child, a person regarded under the
customary law or tradition of the Torres Strait Islands as the equivalent of a
person mentioned in paragraph (a);
residential facility means a place
that —
(a) is
used to provide accommodation for children in the CEO’s care; and
(b) is
operated or managed by —
(i)
the Department; or
(ii)
another public authority; or
(iii)
a person who has entered into an agreement under
section 15(1) for the provision of placement services,
but does not include a secure care facility;
secure care arrangement has the meaning given in
section 88C(1);
secure care facility means a place declared to be
a secure care facility under section 88B(1);
service provider means a person who —
(a)
provides or promotes social services; or
(b)
conducts research and development,
under an agreement referred to in
section 15(1);
social services means services provided to assist
children, other individuals, families and communities including, but not
limited to, the following services —
(a)
preventative services;
(b)
protective services;
(c)
placement services;
(d)
child care services;
(e)
information and advisory services;
(f)
education and training services;
(g)
counselling services;
(h)
therapeutic services;
(i)
advocacy services;
(j)
mediation services;
(k)
crisis services;
(l)
family and domestic violence services;
(m)
support services;
Torres Strait Islander means a person who is a
descendant of the indigenous inhabitants of the Torres Strait Islands, and
Torres Strait Islander child has a corresponding meaning;
wellbeing of a child includes the care,
development, health and safety of the child;
working day , except in Part 6, means a day
other than a Saturday, Sunday, public holiday or public service holiday.
[Section 3 amended by No. 8 of 2009 s. 32(2);
No. 49 of 2010 s. 4, 24 and 37.]