Child Protection Reform and Other Legislation Amendment Bill 2021 (Qld)

An Act to amend the Adoption Act 2009, the Child Protection Act 1999, the Child Protection Regulation 2011, the Disability Services Act 2006, the Working with Children (Risk Management and Screening) Act 2000 and the legislation mentioned in schedule 1 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Child Protection Reform and Other Legislation Amendment Act 2021.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) part 3; (b) part 4; (c) part 6, division 3; (d) part 7; (e) schedule 1.

Part 2 Amendment of Adoption Act 2009

3 Act amended This part amends the Adoption Act 2009. Note— See also the amendments in schedule 1.

4 Amendment of s 198 (Chief executive to supervise child's wellbeing and interests) (1) Section 198(1)(c) and (d)— omit, insert— (c) because the chief executive, whether as the child's guardian or otherwise, placed the child in their custody under a delegation from the Commonwealth Minister; or (d) because the Commonwealth Minister, as the child's guardian under the Commonwealth Act, placed the child in their custody. (2) Section 198— insert— (5) In this section— Commonwealth Act means the Immigration (Guardianship of Children) Act 1946 (Cwlth). Commonwealth Minister means the Minister responsible for administering the Commonwealth Act.

5 Insertion of new pt 16 , div 4 Part 16— insert—

Division 4 Transitional provision for Child Protection Reform and Other Legislation Amendment Act 2021

359 Application of new s 198 to particular actions under pt 9, div 3 (1) This section applies if a child, to whom part 9, division 3 applies, was placed in the custody of prospective adoptive parents during the period— (a) starting on 12 November 2020; and (b) ending immediately before the commencement. (2) New section 198 applies, and is taken to always have applied, in relation to the custody of the child. (3) A relevant action is taken to be, and to always have been, as valid as the action would have been if new section 198 applied in relation to the custody of the child when the child was placed in the custody of the prospective adoptive parents. (4) In this section— new, for a provision of this Act, means the provision as in force from the commencement. relevant action means an action taken by a person under part 9, division 3, whether before or after the commencement.