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Child Protection Act 1999

The Child Protection Act 1999 (PDF) is the primary legislation providing for the protection of children in Queensland. This act is available for download.

The following outline indicates the key parts of the legislation:

  • Chapter 1 explains:
    • the purpose of the legislation
    • the key principles under which the Act is administered
    • provisions about Indigenous children
    • relationship to the Child Protection (International Measures) Act 2003 and
    • functions of the chief executive (Director-General)
    • key terms used in the legislation
    • the effect of custody and guardianship
  • Chapter 2 covers the protection of children, including:
    • responding to allegations of children at risk of harm
    • temporary assessment orders (TAOs)
    • court assessment orders
    • case planning
    • intervention with the agreement of parents
    • child protection orders
    • adjournments of proceedings and court ordered conferences
    • obligations and rights under orders and care agreements
    • general matters including reports about criminal history, medical examinations or treatment, social assessments and custody or guardianship of a child pending a decision or application for an order.
  • Chapter 3 covers court proceedings, including:
    • jurisdiction of the Childrens Court
    • Childrens Court procedures
    • appeals regarding Childrens Court decisions
  • Chapter 4 covers the regulation of care, including:
  • Chapter 5 covers administration matters including:
    • authorised officers under the Act
    • general matters including delegation of powers under the Act, approved forms and payment of carers.
  • Chapter 5A covers service delivery coordination and information exchange, including:
    • coordination of service delivery
    • the Suspected Child Abuse and Neglect (SCAN) system
    • informatione exchange
    • release of health and other relevant information to a coroner
    • protection from liability and interaction with other laws
  • Chapter 6 covers enforcement and legal proceedings including:
    • establishment of offences under the Act
    • prosecution of certain interstate offences
    • warrant for apprehension of a child
    • general powers of authorised officers and police officers
    • evidence and legal proceedings
    • obligations of confidentiality
    • general provisions including compliance with provisions about providing explanations and documents, exercise of power by other officers and protection from civil liability.
  • Chapter 7 covers interstate transfers of child protection orders and proceedings including:
    • transfer of orders or proceedings from Queensland to another state
    • transfer of orders or proceedings from another state to Queensland
  • Chapter 7A covers child deaths, including the requirement for a review.
  • Chapter 8 covers miscellaneous provisions including:
    • recognised entities
    • reviewable decisions
    • annual reporting about child protection matters
    • acting in support of the Commissioner for Children and Young People
    • consultation about investigations and prosecutions
    • power to make regulations
  • Chapter 9 covers the impact of this Act on other legislation and existing orders at the time the legislation was enacted.
  • There are three schedules to the Act:
    • charter of rights for a child in care
    • reviewable decisions and aggrieved persons
    • a dictionary that sets out the meaning of terms used in the Act.