Director of Child Protection Litigation Bill 2016 (Qld)

An Act to establish the Director of Child Protection Litigation and for related purposes, and to make consequential amendments of this Act, the Child Protection Act 1999 , the Child Protection (International Measures) Act 2003 , the Childrens Court Act 1992 , the Family and Child Commission Act 2014 and the Public Service Act 2008 The Parliament of Queensland enacts—

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Director of Child Protection Litigation Act 2016 .

2 Commencement This Act commences on 1 July 2016.

3 Definitions The dictionary in schedule 1 defines particular words used in this Act.

Division 2 Purpose and principles

4 Main purpose of Act The main purpose of this Act is to establish the Director of Child Protection Litigation to apply for child protection orders and conduct child protection proceedings.

5 Paramount principle The main principle for administering this Act is that the safety, wellbeing and best interests of a child are paramount. Example— If the director is making a decision under this Act about a child protection proceeding where there is conflict between the child's safety, wellbeing and best interests, and the interests of adults involved in the proceeding, the conflict must be resolved in favour of the child's safety, wellbeing and best interests.

6 Other general principles (1) This Act is to be administered having regard to the following principles— (a) collaboration between the director and chief executive (child safety) best achieves fair, timely and consistent outcomes for the protection of children; (b) in protecting a child, the director should only take the action that is warranted in the circumstances, including, for example, by applying for the least intrusive child protection order; (c) the director should consider whether sufficient, relevant and appropriate evidence is available in deciding whether to make an application for a child protection order; (d) each principle stated in the Child Protection Act 1999 , section 5B for ensuring the safety, wellbeing and best interests of a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act, including, for example— (i) a child has a right to be protected from harm or risk of harm; and (ii) a delay in making a decision in relation to a child should be avoided, unless appropriate for the child; (e) each additional principle applying in relation to an Aboriginal or Torres Strait Islander child stated in the Child Protection Act 1999 , section 5C. (2) Also, each principle relevant to exercising powers and making decisions under the Child Protection Act 1999 , section 5D(1) applies to the extent the principle is capable of being applied to a person exercising a power or making a decision under this Act. (3) In addition, the Child Protection Act 1999 , section 5E applies in relation to a person giving a child an opportunity to express their views under this Act.