Child Protection Act 1999 (Qld)

Child Protection Act 1999

An Act about the protection of children, and for other purposes

Chapter 1 Preliminary

Part 1 Introduction

1 Short title This Act may be cited as the Child Protection Act 1999.

2 Commencement (1) Section 260 commences on the date of assent. (2) The remaining provisions commence on a day to be fixed by proclamation.

3 Definitions (1) The dictionary in schedule 3 defines particular words used in this Act. (2) Key terms used in this Act are defined in part 3, division 1.

3A [Repealed]

Part 2 Purposes, principles and administration of Act

Division 1 Purposes of Act and principles for its administration

4 Purposes of Act The purposes of this Act are— (a) to provide for the protection of children; and (b) to promote the safety of children; and (c) to the extent that it is appropriate, to support families caring for children.

5 Application of principles (1) This Act is to be administered under the principles stated in this division. (2) All other principles stated in this Act are subject to the principle stated in section 5A.

5A Paramount principle The main principle for administering this Act is that the safety, wellbeing and best interests of a child, both through childhood and for the rest of the child's life, are paramount. Example— If the chief executive is making a decision under this Act about a child where there is a conflict between the child's safety, wellbeing and best interests (whether immediate or long-term in nature), and the interests of an adult caring for the child, the conflict must be resolved in favour of the child's safety, wellbeing and best interests.

5B Other general principles The following general principles are relevant to making decisions relating to the safety, wellbeing and best interests of a child— (a) a child has a right to be protected from harm or risk of harm; (b) a child's family has the primary responsibility for the child's upbringing, protection and development; (c) the preferred way of ensuring a child's safety and wellbeing is through supporting the child's family; (d) if a child does not have a parent who is able and willing to protect the child, the State is responsible for protecting the child; (e) in protecting a child, the State should only take action that is warranted in the circumstances; (f) if a child is removed from the child's family, support should be given to the child and the child's family for the purpose of allowing the child to return to the child's family if the return is in the child's best interests; (g) if a child does not have a parent able and willing to give the child ongoing protection in the foreseeable future, the child should have long-term alternative care; (h) if a child is removed from the child's family, consideration should be given to placing the child, as a first option, in the care of kin; (i) if a child is removed from the child's family, the child should be placed with the child's siblings, to the extent that is possible; (j) a child should only be placed in the care of a parent or other person who has the capacity and is willing to care for the child (including a parent or other person with capacity to care for the child with assistance or support); (k) a child should be able to maintain relationships with the child's parents and kin, if it is appropriate for the child; (l) a child should be able to know, explore and maintain the child's identity and values, including their cultural, ethnic and religious identity and values; (m) a delay in making a decision in relation to a child should be avoided, unless appropriate for the child; (n) a child has the right to express the child's views about what is, and is not, in the child's best interests.