Child Welfare Act 2009 (NI)

Child Welfare Act 2009

No. 13, 2009

Compilation No. 8

Compilation date: 1 January 2022

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Continued Laws Ordinance Amendment (Applied Laws and Service Delivery (Queensland) Measures) Rules 2021 (F2021L01904) Note: The formatting of this compilation was updated in 2022 to align with current formatting practices.

Contents Chapter 1—Preliminary Part 1.1—Introductory 1 Short title 2 Commencement Part 1.2—Interpretation 3 Dictionary and notes 4 Orders in favour of a person 5 Meaning of carer Part 1.3—Application of the Act 6 Application of Act generally 7 Who is a child? 8 Who is a young person? 9 Children and young people to whom Act applies 9A Relationship with Education (General Provisions) Act 2006 (Qld) (NI) Chapter 2—General objects, principles and parental responsibility Part 2.1—General objects 10 Objects Part 2.2—Principles applying to the Act 11 Application of principles 12 General principles 13 How to apply the best interests principle Part 2.3—Parental responsibility 14 Meaning of court order for Part 2.3 15 What is parental responsibility? 16 Who has parental responsibility? 17 Who can exercise parental responsibility for a child or young person? 18 Parental responsibility for day‑to‑day care, welfare and development 19 Parental responsibility for long‑term care, welfare and development Chapter 3—Proceedings under Act generally 20 Entitlement to take part 21 General representation of child or young person 22 Legal representation of child or young person 23 Applications may be heard together 23A General nature of proceedings under this Act Chapter 4—Administration Part 4.1—Child welfare officer 24 Child welfare officer appointment and functions 25 Duties and particular powers of child welfare officer 26 Who can the child welfare officer get help from? 27 Provision and exchange of information 28 Power to enter agreements for general exercise of parental responsibility 29 Authorisation to exercise parental responsibility for particular child or young person 30 Monitoring children and young people for whom child welfare officer has parental responsibility 31 After care assistance 32 Delegation by child welfare officer Chapter 5—Children and young people in need of care and protection Part 5.1—General Division 5.1.1—Preliminary 33 Meaning of abuse and neglect 34 Meaning of contact 35 Meaning of former caregiver 36 Person apparently a child or young person 37 Chapter ceases applying when young person becomes adult Division 5.1.2—Abuse and neglect 38 In need of care and protection 39 Effect of conduct outside Norfolk Island 40 Voluntary reporting 40A Pre‑natal reporting 41 Mandatory reporting 42 Report other than in good faith 43 Action on report 44 Records 45 Protection of people making reports Part 5.2—Voluntary action Division 5.2.1—Voluntary care agreements 46 Meaning of party 47 Voluntary care agreements 48 Extending voluntary care agreements 49 Longer agreements allowed for certain young people 50 Agreements not void 51 Early termination 52 Action on expiration or termination 53 Parental contributions Division 5.2.2—Appraisal and assessment 54 Child protection appraisals 55 Special assessment 56 Restrictions on special assessment of children and young people 57 Assistance with assessment 58 Report Part 5.3—Care and protection orders and emergency action Division 5.3.1—General 59 Definitions for chapter 5 60 Basis for orders 61 Applications by other people 62 Burden of proof 63 Information not required to be disclosed 64 Orders in relation to third parties 65 Contents of care and protection applications 66 Cross‑applications for care and protection orders 67 Restriction on leave to cross apply 68 Interim care and protection orders 69 Court order not limited by terms of care and protection application 74 Contact orders 75 Residence orders 76 Temporary absence 77 Supervision order 78 Failure to comply with care and protection orders Division 5.3.2—Short care and protection orders 79 Initial consideration of applications 80 Consideration of applications 81 Period of effect of short care and protection orders 82 Extension, variation or revocation of orders Division 5.3.3—Assessment orders 83 Applications for assessment orders.................... 84 Cross applications on assessment orders 85 Assessment orders 86 Restrictions on making assessment orders 87 Assistance with assessment 88 Report 89 Court may act on recommendations Division 5.3.4—Emergency action 90 Taking emergency action 91 Emergency action by police officer 92 Parental responsibility following emergency action 93 Keeping and losing parental responsibility 94 Notice of emergency action 95 Action by child welfare officer 96 Early initial consideration of care and protection application 97 Contact with siblings and people with parental responsibility 98 Record of action 99 Application for release of child or young person Division 5.3.5—Therapeutic protection orders 100 Effect of Division 5.3.5 on other powers of child welfare officer 101 What is therapeutic protection? 102 Restriction on provision of therapeutic protection 103 Therapeutic protection orders 104 Restriction on making, varying and extending 105 Action by child welfare officer under therapeutic protection order 106 Restriction on cross‑application 107 Application for variation or revocation of therapeutic protection order 108 Time for hearing and deciding applications 109 Limitations on restricting contact 110 Separation of children and young people from offenders 111 Provision of schedule of therapeutic protection 112 Therapeutic protection order made as final care and protection order 113 Review Division 5.3.6—Specific issues orders 114 Specific issues orders 115 Restriction on cross‑application 116 Notice of making, varying or extending certain specific issues orders Division 5.3.7—Final care and protection orders 117 Initial consideration of applications 118 Restriction on cross‑application 119 Before application adjourned 120 Court‑ordered meeting 121 Variation of interim orders 122 Appeal from assessment and specific issues interim orders 123 Final care and protection orders 124 Therapeutic protection order made as final care and protection order 125 Parental responsibility 126 Restriction on making final care and protection orders 127 What is a care plan? 128 Enduring parental responsibility orders 129 Restriction on making enduring parental responsibility orders 130 Effect of enduring parental responsibility order on others with parental responsibility 131 Financial contributions and burdens 132 Application for variation and revocation of orders 133 Variation and revocation of orders 134 Continuation of existing orders 135 Child welfare officer to report 136 Waiving of obligation to give report 137 Failure to give report Division 5.3.8—Safe custody 138 Circumstances in which child or young person may be taken into safe custody 139 Court's power in relation to child or young person taken into safe custody Division 5.3.9—Representation of wishes of child or young person 140 Opportunity for child or young person to be heard 141 Court may inform itself of child's or young person's wishes 142 No requirement to express views or wishes Division 5.3.10—Procedures 143 Applications and other procedures before the court Division 5.3.11—Support for children and young persons in crisis Part 1—Serious or persistent conflict 143A What are the objects of this Part? 143B When does this Part apply? 143C What principle is to be applied in the administration of this Part? 143D Request for assistance 143E Alternative dispute resolution 143F Alternative parenting plan 143G Application for order for alternative parenting plan 143H Adjournment 143I Court orders 143J Registration of certain alternative parenting plans Part 2—Homelessness 143K Homelessness of children 143L Homelessness of young persons 143M Mandatory reporting of child who lives away from home without parental permission Chapter 6—Transfer of child care and protection orders and proceedings Part 6.1—Preliminary 144 Object of chapter 6 145 Definitions for chapter 6 Part 6.2—Transfer of certain child care and protection orders Division 6.2.1—Administrative transfers 146 When child welfare officer may transfer order 147 People whose consent is required 148 Notification to child or young person and people with parental responsibility 149 Limited period for review of decision Division 6.2.2—Judicial transfers 150 When court may make order under Division 6.2.2 151 Service of application 152 Type of order 153 Court to have regard to certain matters 154 Court must consider report from child welfare officer 155 Appeals Part 6.3—Transfer of child care and protection proceedings 156 When court may make order under Part 6.3 157 Service of application 158 Court to have regard to certain matters 159 Interim order 160 Appeals Part 6.4—Registration 161 Filing and registration of interstate documents 162 Notification by appropriate Clerk 163 Effect of registration 164 Revocation of registration Part 6.5—Miscellaneous 165 Effect of registration of transferred order 166 Transfer of court file 167 Deciding transferred proceeding 168 Disclosure of information Chapter 7—Appeals and review 169 Meaning of order 170 Appeal to Supreme Court 171 Application of Court of Petty Sessions Act 172 Orders that Supreme Court may make Chapter 8—General offences 173 Presumption of age 174 Offences in relation to child or young person subject to an order 175 Offence to harbour or conceal child or young person Chapter 9—Powers of entry and search 176 Things connected with offences 177 Extended meaning of offence 178 Search and seizure 179 Search warrants 180 Entry in emergencies 181 Consent to entry 182 Power to conduct personal search of child or young person 183 Rules for conduct of personal search 184 Safekeeping of things seized Chapter 10—Standards 185 Standard‑making power Chapter 11—Confidentiality and immunity 186 Confidentiality generally 187 Information required not to be disclosed 188 Civil liability 189 Immunity from suit Chapter 12—Miscellaneous 190 Understanding proceedings 191 Right of appearance 192 Power of person without parental responsibility 193 Notification of location of child or young person 193A Notifying child welfare officer of certain convictions 194 Evidentiary certificates 195 Determination of fees 196 Approval of forms by Minister 197 Regulation‑making power 198 Repeal Dictionary Endnotes Child Welfare Act 2009