The Child Protection Act 1999 provides for the transfer of orders and proceedings between Queensland and other states and territories and between Queensland and New Zealand. The Protocol for the Transfer of Care and Protection Orders and Proceedings and Interstate Assistance 2009 (the Protocol), supports the legislation and provides guidelines for the sharing of information, obtaining interstate assessments, the transfer of orders and proceedings between all Australian states, territories and New Zealand.
Note: For the purpose of the Protocol, New Zealand is considered a ‘state’.
Table of contents:
All requests to another jurisdiction must be directed through the Queensland ILO at the Court Services Unit; however, the ILO does not undertake criminal history and child protection history checks.
Conversely, except for notifications from another jurisdiction which may come directly from an interstate office, CSSC staff are not to act on a request (for example, a request for a carer assessment) received directly from another jurisdiction, unless the request has also been forwarded by the Queensland ILO from the Court Services Unit.
All interstate, territory and New Zealand child protection history checks are handled by Child Safety Data Management Services (DMS), not the Queensland ILO. Requests for these checks are to be emailed to #SDIS_DMS_Checks. Other jurisdictions may have limitations on the child protection information they are allowed to release to Child Safety.
Relevant forms and templates referred to in this procedure can be accessed by contacting the Queensland ILO at the Court Services Unit by telephone.
Children are not to be placed in another jurisdiction unless an appropriate assessment of the carer has been conducted. The carer for a child subject to a Queensland child protection order, but living in another jurisdiction, must meet all the requirements for the approval, and renewal of approval, of carers in Queensland (including personal history checks and blue card). Carer assessment requests are to be directed to the Queensland ILO who will negotiate with the ILO in the other jurisdiction. For further information, refer to Chapter 8. Regulation of care.
Alternatively, carers living in Queensland but caring for a child subject to a child protection order in another jurisdiction, do not have to meet Queensland carer approval or renewal of approval requirements, including the requirement for a blue card or positive exemption notice, until the other jurisdiction is requesting that the order be transferred to Queensland.
When a CSSC has requested that a carer assessment be completed urgently, and requires the report sooner than the agreed timeframe, the ILO, in conjunction with the ILO from the receiving jurisdiction, can contract the assessment to a private practitioner. The CSSC will be responsible for payment to the private practitioner.
If another jurisdiction cannot complete the assessment within the agreed timeframe, and the CSSC is not requesting an urgent assessment, the other jurisdiction will be responsible for payment if it chooses to contract the assessment to a private practitioner.
Similarly, if another jurisdiction is requesting an urgent assessment in Queensland, the other jurisdiction will be responsible for payment to the private practitioner. These requests will be managed by the Queensland ILO without CSSC or PSU involvement.
The ILOs have agreed that six to eight weeks after the CSSC or area office in the other jurisdiction has received the request for assessment is an acceptable timeframe for its completion.
Placing a child in another jurisdiction does not remove the responsibility of the CSSC for case management, placement arrangements and financial costs. Should a placement in another jurisdiction fail, the CSSC with case responsibility remains responsible for the child, including returning the child to Queensland, if the other jurisdiction cannot locate and support a suitable placement for the child.