Child Protection and Other Legislation Amendment Bill 2020 (Qld)

An Act to amend the Adoption Act 2009 and the Child Protection Act 1999 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Child Protection and Other Legislation Amendment Act 2020.

2 Commencement Part 3 commences on a day to be fixed by proclamation.

Part 2 Amendment of Adoption Act 2009

3 Act amended This part amends the Adoption Act 2009.

4 Amendment of s 152 (Application of div 1 when further selection required) Section 152(2)(a), 'responsible Minister under'— omit, insert— Minister responsible for administering

5 Amendment of s 198 (Chief executive to supervise child's wellbeing and interests) (1) Section 198(1)(c), 'responsible Minister under'— omit, insert— Minister responsible for administering (2) Section 198(1)— insert— (d) because the Minister responsible for administering the Immigration (Guardianship of Children) Act 1946 (Cwlth), as the child's guardian under that Act, placed the child in their custody between 30 April 2018 and 1 July 2019, both dates inclusive.

6 Amendment of s 312 (Evidentiary provisions for proceedings under this Act) Section 312(2)(d), 'responsible Minister under'— omit, insert— Minister responsible for administering

Part 3 Amendment of Child Protection Act 1999

7 Act amended This part amends the Child Protection Act 1999.

8 Amendment of s 5BA (Principles for achieving permanency for a child) Section 5BA(4)— omit, insert— (4) For deciding whether an action or order best achieves permanency for a child, the following principles also apply, in order of priority— (a) the first preference is for the child to be cared for by the child's family; (b) the second preference is for the child to be cared for under the guardianship of a person who is a member of the child's family, other than a parent of the child, or another suitable person; (c) if the child is not an Aboriginal or Torres Strait Islander child—the next preference is for the child to be adopted under the Adoption Act 2009; (d) the next preference is for the child to be cared for under the guardianship of the chief executive; (e) if the child is an Aboriginal or Torres Strait Islander child—the last preference is for the child to be adopted under the Adoption Act 2009. Notes— 1 See also section 5C for the additional principles that apply for administering this Act in relation to Aboriginal and Torres Strait Islander children, including the child placement principles. 2 For the principles that apply for administering the Adoption Act 2009, including the additional principles applying in relation to Aboriginal and Torres Strait Islander children, see sections 6 and 7 of that Act.