{"id":"care-and-protection-of-children-act-2007","name":"Care and Protection of Children Act 2007","slug":"care-and-protection-of-children-act-2007","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29888,"registerId":"nt-care-and-protection-of-children-act-2007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 3","sectionType":"division","heading":"Transitional matters for Care and Protection","content":"Division 3 Transitional matters for Care and Protection\nof Children (Legal Representation and Other\nMatters) Act 2013\n336 Legal representation .................................................................... 166\nDivision 4 Transitional matters for Care and Protection\nof Children Amendment Act 2019\n337 Definition...................................................................................... 167\n338 Care plans ................................................................................... 167\n339 Interim care plans ........................................................................ 167\n340 Application of Part 2.3, Division 4, Subdivision 1 ......................... 167\n341 Application of Part 2.3, Division 4, Subdivision 3 ......................... 167\n342 Application of Part 2.3, Division 4, Subdivision 4 ......................... 168\nDivision 5 Transitional matters for Territory Families\nLegislation Amendment Act 2021\n343 Application of section 308 ............................................................ 168\n\n____________________\nAs in force at 25 March 2024\n____________________\nCARE AND PROTECTION OF CHILDREN ACT 2007\nAn Act about the care and protection of children, and for related\npurposes\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Preliminary matters","content":"Part 1.1 Preliminary matters\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Care and Protection of Children\nAct 2007.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Act binds Crown","content":"3 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nPart 1.2 What this Act is about\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"4 Objects of Act\nThe objects of this Act are:\n(a) to promote the wellbeing of children, including:\n(i) to protect children from harm and exploitation; and\n(ii) to maximise the opportunities for children to realise their\nfull potential; and\n(b) to assist families to achieve the object in paragraph (a); and\n\nCare and Protection of Children Act 2007 2\n(c) to ensure anyone having responsibilities for children has\nregard to the objects in paragraphs (a) and (b) in fulfilling\nthose responsibilities.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Overview","content":"5 Overview\nTo achieve those objects, this Act provides for the following:\n(a) measures for safeguarding the wellbeing of children (see\nChapter 2), in particular:\n(i) mandatory reporting requirements for children at risk of\nharm or exploitation (see Part 2.1, Division 3); and\n(ii) the powers of the Minister, the CEO and other officers to\ntake actions for the wellbeing of children (see Parts 2.1\nand 2.2); and\n(iii) the powers of the Court to make orders for the wellbeing\nof children (see Parts 2.3 and 2.4);\n(b) measures for the prevention of harm and exploitation of\nchildren (see Chapter 3), in particular:\n(i) screening for child-related employment (see Part 3.1);\nand\n(ii) restriction of child employment (see Part 3.2); and\n(iii) prevention of child deaths (see Part 3.3);\n(d) the establishment of a framework for sharing information\nabout children, review teams and other administrative\nmeasures (see Chapter 5).\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Principles","content":"6 Principles\n(1) The underlying principles of this Act are set out in sections 7\nto 12A.\n(2) Anyone exercising a power or performing a function under this Act\nmust, as far as practicable, uphold those principles.\n(3) However, those principles do not affect the operation of any law in\nforce in the Territory.\n\nCare and Protection of Children Act 2007 3\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Responsibility of Territory Government","content":"7 Responsibility of Territory Government\n(1) The Northern Territory Government has responsibility for promoting\nand safeguarding the wellbeing of children and supporting families\nin fulfilling their role in relation to children.\n(2) In exercising powers or performing functions under this Act,\nAgencies have a responsibility to work cooperatively and in a timely\nmanner.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Role of family","content":"8 Role of family\n(1) The family of a child has the primary responsibility for the care,\nupbringing and development of the child.\n(2) In fulfilling that responsibility, the family should be able to bring up\nthe child in any language or tradition and foster in the child any\ncultural, ethnic or religious values.\n(3) A child may be removed from the child's family only if there is an\nunacceptable risk of harm to the child.\n(4) As far as practicable, and consistent with section 10, if a child is\nremoved from the child's family:\n(a) contact between the child and the family should be\nencouraged and supported; and\n(b) the child should eventually be returned to the family.\n","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Responsibility of public authorities","content":"8A Responsibility of public authorities\nIn exercising powers or performing functions under this Act, public\nauthorities have a responsibility to:\n(a) promote and safeguard the wellbeing of children and support\ntheir families; and\n(b) work cooperatively and in a timely manner.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Treating child with respect","content":"9 Treating child with respect\n(1) Each child is a valued member of society and is entitled to be\ntreated in a way that respects the child's dignity and privacy.\n(2) Decisions involving a child should be made:\n(a) promptly having regard to the child's circumstances; and\n(b) in a way that is consistent with the cultural, ethnic and\nreligious values and traditions relevant to the child; and\n\nCare and Protection of Children Act 2007 4\n(c) with the informed participation of the child, the child's family\nand other people who are significant in the child's life.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Best interests of child","content":"10 Best interests of child\n(1) When a decision involving a child is made, the best interests of the\nchild are the paramount concern.\n(2) Without limiting subsection (1), consideration should be given to the\nfollowing matters in determining the best interests of a child:\n(a) the need to protect the child from harm and exploitation;\n(b) the capacity and willingness of the child's parents or other\nfamily members to care for the child;\n(c) the nature of the child's relationship with the child's family and\nother persons who are significant in the child's life;\n(ca) the need to strengthen, preserve and promote positive\nrelationships between the child and the child's parents, family\nmembers, kinship group and other persons who are significant\nin the child's life;\n(cb) in circumstances where the child has been removed from the\ncare of the child's family, all possibilities related to reunifying\nthe child with the child's parents;\n(d) the wishes and views of the child, having regard to the\nmaturity and understanding of the child;\n(e) the child's need for permanency in the child's living\narrangements;\n(f) the child's need for stable and nurturing relationships;\n(g) the child's physical, emotional, intellectual, spiritual,\ndevelopmental and educational needs;\n(h) the child's age, maturity, gender, sexuality and cultural, ethnic\nand religious backgrounds;\n(ha) if the child is an Aboriginal child – the child's right to enjoy the\nAboriginal culture and tradition of the child's family and\ncommunity including the need to maintain ongoing contact\nwith the child's family and connection to country and\nlanguage;\n(i) other special characteristics of the child;\n\nCare and Protection of Children Act 2007 5\n(j) the likely effect on the child of any changes in the child's\n","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"Decisions involving an intervention in the life of a child","content":"10A Decisions involving an intervention in the life of a child\nWhen a decision involving an intervention in the life of a child is\nmade, the intervention must be the least intrusive intervention in the\nchild's life that is consistent with the best interests of the child.\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Child participation","content":"11 Child participation\nWhen a decision involving a child is made:\n(i) should be given adequate information and explanation in\na way that the child can understand; and\n(ii) should be given the opportunity to respond to the\nproposed decision; and\n(iii) should be given the opportunity to express the child's\nwishes and views freely; and\n(iv) should be given assistance in expressing those wishes\nand views; and\n(b) those wishes and views should be taken into account, having\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Aboriginal children","content":"12 Aboriginal children\n(1) Kinship groups, Aboriginal community-controlled organisations and\ncommunities of Aboriginal people have a major role, through self-\ndetermination, in promoting the wellbeing of Aboriginal children.\n(2) When a significant decision involving an Aboriginal child is to be\nmade:\n(a) the child's family members have a right to participate, and to\nbe enabled to participate, in an administrative or judicial\nprocess for making the decision; and\n(b) the child and the child's family have a right to identify any of\nthe following persons that the child or family would like to\nparticipate in the making of the decision:\n(i) a person with cultural authority;\n(ii) a member of a kinship group;\n\nCare and Protection of Children Act 2007 6\n(iii) a member of an Aboriginal community-controlled\norganisation;\n(iv) a member of a community of Aboriginal people; and\n(c) a person identified in accordance with paragraph (b) has the\nright to participate in the making of the decision.\n(2A) When a decision involving an Aboriginal child is made, the decision\nshould be healing focussed and trauma informed.\n(2B) An Aboriginal child has the right to be brought up within the child's\nown family and community and on the child's own country.\n(2C) An Aboriginal child has a right to be supported to develop and\nmaintain a connection with the child's family, community, culture,\ntraditions, language and country, particularly when the child is\nplaced with a person who is not from the child's community or\nkinship group.\n(2D) If an Aboriginal child is to be placed with a person, the principles set\nout in subsections (3) and (4) apply.\n(3) An Aboriginal child should, as far as practicable, be placed with a\nperson in the following order of priority:\n(a) a member of the child's family;\n(b) an Aboriginal person in the child's community in accordance\nwith local community practice;\n(c) any other Aboriginal person;\n(d) a person who:\n(i) is not an Aboriginal person; but\n(ii) in the CEO's opinion, is sensitive to the child's needs\nand capable of supporting the child to develop and\nmaintain a connection with the child's family, community,\nculture, traditions, language and country.\n(4) In addition, an Aboriginal child should, as far as practicable, be\nplaced in close proximity to the child's family and community.\n\nCare and Protection of Children Act 2007 7\n(5) In this section:\nsignificant decision, involving a child, means a decision likely to\nhave a significant impact on the child's life.\nExamples for definition significant decision\n1 A decision about placing a child in care or about the placement arrangement\nfor the child.\n2 A decision about whether or not to apply for a child protection order for a\n12A Children with disabilities\n(1) A child with a disability has a right to be treated in a way that\nrespects the child's developing capacity and preserves their\nidentity.\n(2) In addition, a child with a disability has:\n(a) the same rights as other children to express the child's wishes\nand views; and\n(b) the right to be provided with disability and age appropriate\nassistance to realise the rights mentioned in paragraph (a);\nand\n(c) the right to have due weight given to the child's wishes and\nviews in accordance with the child's age, maturity and\nunderstanding on an equal basis with other children.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Definitions","content":"13 Definitions\nIn this Act:\nAboriginal means:\n(a) a descendant of the Aboriginal people of Australia; or\n(b) a descendant of the indigenous inhabitants of the Torres Strait\nIslands.\nAboriginal community-controlled organisation means an\norganisation that is controlled by and represents the interests of\nAboriginal people.\nAboriginal customary law means:\n(a) customary law of the Aboriginal people of Australia; or\n\nCare and Protection of Children Act 2007 8\n(b) customary law of the indigenous inhabitants of the Torres\nStrait Islands.\nAboriginal tradition means:\n(a) tradition of the Aboriginal people of Australia; or\n(b) tradition of the indigenous inhabitants of the Torres Strait\nIslands.\nadministrative guidelines means:\n(a) for the making of a decision by the Authority – administrative\nguidelines made under section 191(1); or\n(b) for the operation of Part 5.1A – administrative guidelines made\nunder section 293H.\nadult means:\n(a) a person at least 18 years of age; or\n(b) a person apparently at least 18 years of age if the person's\nage cannot be proved.\nadvisor means an advisor to the Committee mentioned in\nsection 215.\napproved form means a form approved by the CEO under\nsection 302.\nassessment order means an assessment order made under\nsection 115(a) or (b).\nauthorised officer, see section 304(1).\nAuthority means the Screening Authority established by\nsection 196(1).\ncandidate, see section 188(1).\ncare plan, see section 70(2).\ncarer, see section 78(1).\nCEO means the Chief Executive Officer of the Department.\nchild means:\n(a) a person less than 18 years of age; or\n\nCare and Protection of Children Act 2007 9\n(b) a person apparently less than 18 years of age if the person's\nage cannot be proved.\nChild Deaths Register means the Child Deaths Register\nestablished by section 212(1).\nchild deaths, see section 208.\nchild is in the CEO's care, see section 67(1).\nchild is in need of protection, see section 20.\nchild leaves the CEO's care, see section 67(2).\nchild protection order, for Part 2.4, see section 153.\nchild protection proceeding, for Part 2.4, see section 153.\nchild-related authority, see section 37(1).\nchild-related employment, see section 185.\nchild-related services means services that:\n(a) are provided to one or more of the following:\n(i) a child (whether or not in need of protection) or young\nperson who has left the CEO's care;\n(ii) someone who is related to or is a family member of the\nchild or person;\n(iii) an organisation representing the interests of the child or\nperson;\n(iv) an organisation representing a community of which the\nchild or person is a member; and\n(b) are in the nature of social services that relate to one or more\nof the following:\n(i) the prevention of harm to, or exploitation of, a child;\n(ii) the protection of a child;\n(iii) services for the care or support of a child and the child's\nfamily (including domestic support services);\n(iv) a placement arrangement;\n(v) medical or other health-related services;\n\nCare and Protection of Children Act 2007 10\n(vi) information and advisory services;\n(vii) counselling services;\n(viii) advocacy services;\n(ix) mediation services.\nchild-related work, see section 185(2).\nchild welfare law, for Part 2.4, see section 153.\nChildren's Court, for Part 2.4, see section 153.\nclearance notice means a clearance notice issued under\nsection 189(3)(a).\nCommissioner, see section 6 of the Children's Commissioner\nCommittee means the Child Deaths Review and Prevention\nCommittee established by section 209(1).\ncontact includes:\n(a) any form of physical contact; and\n(b) any form of oral communication, whether face-to-face or by\nother means; and\n(c) any form of written communication.\nConvenor means the person holding or occupying the office of\nConvenor of the Committee mentioned in section 209(4).\nCourt means the Local Court.\nCourt order, see section 88(1).\nCourt proceedings, see section 88(1).\ncriminal history means a criminal record as defined in section 3(1)\nof the Criminal Records (Spent Convictions) Act 1992.\ncustomary law or tradition includes:\n(a) Aboriginal customary law; and\n(b) Aboriginal tradition.\ndaily care and control, of a child, see section 21.\n\nCare and Protection of Children Act 2007 11\ndaily care and control direction, see section 123(1)(b).\nDepartment means the Agency administering this Act.\nengage, for child-related employment, see sections 185 and 186.\nexploitation, see section 16.\nfamily, see section 19.\nFramework, for Part 5.1B, see section 293L.\nharm, see section 15.\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in a health\nprofession (other than as a student).\nhealth services, see section 4(1) of the Health and Community\nServices Complaints Act 1998.\nholder means the person to whom a licence is granted.\nhome order, for Part 2.4, see section 153.\nhome proceeding, for Part 2.4, see section 153.\nhospital includes:\n(a) a hospital as defined in section 5 of the Medical Services\nAct 1982; and\n(b) a private hospital as defined in section 4A of the Private\nHospitals Act 1981.\nidentity card means an identity card issued under section 305.\ninformation about a child, for Part 5.1A, see section 293B.\ninformation sharing authority, for Part 5.1A, see section 293C.\ninterim care plan, see section 76(2).\ninterim order, for Part 2.4, see section 153.\ninterstate law, for Part 2.4, see section 153.\ninterstate officer, for Part 2.4, see section 153.\nlong-term parental responsibility direction, see\nsection 123(1)(d).\n\nCare and Protection of Children Act 2007 12\nmediation conference means:\n(a) for a conference arranged by the CEO – see section 49;\n(b) for a conference ordered by the Court – see section 127\nor 139(1)(e).\nmember means a member of the Committee mentioned in\nsection 209.\nmisleading information includes information that is misleading\nbecause the information:\n(a) does not contain relevant information; or\n(b) contains misinformation.\noperator of child-related services means a person who controls\nan operation for the provision of child-related services.\nparent:\n(a) for Part 2.4, see section 153; or\n(b) otherwise – see section 17.\nparental responsibility, see section 22.\nparticipating State, for Part 2.4, see section 153.\npermanent care order, see section 137A.\nplacement arrangement, see section 78.\nprotection order means an order made under section 128(1).\nprovisional protection, see section 51.\npublic authority, see section 6 of the Children's Commissioner\nreasonably believes means believes on reasonable grounds.\nregulation means a regulation made under this Act.\nrelative, see section 18.\nschool, see section 5 of the Education Act 2015.\nsending State, for Part 2.4, see section 153.\n\nCare and Protection of Children Act 2007 13\nservice organisation, for Part 5.1B, see section 293L.\nservice provider, in relation to a vulnerable child, see section 6 of\nthe Children's Commissioner Act 2013.\nsexual offence, see section 3 of the Sexual Offences (Evidence\nand Procedure) Act 1983.\nshort-term parental responsibility direction, see\nsection 123(1)(c).\nState, for Part 2.4, see section 153.\nsupervision direction, see section 123(1)(a).\nteam means a review team established under section 295.\ntemporary placement arrangement means an arrangement\nmentioned in section 46.\ntemporary protection order means a temporary protection order\nmade under section 105.\nunderlying principles of this Act, see section 6.\nvulnerable child, see section 7 of the Children's Commissioner\nwellbeing of a child, see section 14.\nworking day:\n(a) for Part 2.4, see section 153; or\n(b) otherwise – means a day that is not a Saturday, Sunday or\npublic holiday as defined in the Public Holidays Act 1981.\nyoung parent, for Part 2.3, Division 6B, see section 143F.\nyoung person who has left the CEO's care, see section 68.\nNote for section 13\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Wellbeing of child","content":"14 Wellbeing of child\nThe wellbeing of a child includes the child's physical, psychological\nand emotional wellbeing.\n\nCare and Protection of Children Act 2007 14\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Harm to child","content":"15 Harm to child\n(1) Harm to a child is any significant detrimental effect caused by any\nact, omission or circumstance on:\n(a) the physical, psychological or emotional wellbeing of the child;\nor\n(b) the physical, psychological or emotional development of the\n(2) Without limiting subsection (1), harm can be caused by the\n(a) physical, psychological or emotional abuse or neglect of the\n(b) sexual abuse or other exploitation of the child;\n(c) exposure of the child to physical violence;\n(d) exposure of the child to domestic or family violence.\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Exploitation of child","content":"16 Exploitation of child\n(1) Exploitation of a child includes sexual and any other forms of\nexploitation of the child.\n(2) Without limiting subsection (1), sexual exploitation of a child\nincludes:\n(a) sexual abuse of the child; and\n(b) involving the child as a participant or spectator in any of the\n(i) an act of a sexual nature;\n(ii) prostitution;\n(iii) a pornographic performance.\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Parent of child","content":"17 Parent of child\n(1) A parent of a child is the child's father, mother or any other person\nwho has parental responsibility for the child.\n(2) A parent of an Aboriginal child includes a person who is regarded\nas a parent of the child under Aboriginal customary law or\nAboriginal tradition.\n\nCare and Protection of Children Act 2007 15\n(3) However, any of the following must not be regarded as a parent of\na child:\n(b) a person who has responsibility for the care of the child only\non a temporary basis;\n(c) a person, such as a teacher or childcare worker, who has\nresponsibility in relation to the child because of a professional\nrelationship.\n(4) To avoid doubt, a reference in this Act to the parents of a child\nincludes a reference to the parent of a child who has only one\nparent.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Relatives of child","content":"18 Relatives of child\n(1) A relative of a child is any of the following:\n(a) a parent, grandparent or any other ancestor of the child;\n(b) a step-parent of the child;\n(c) a sibling of the child;\n(d) an uncle or aunt of the child;\n(e) a cousin of the child;\n(f) a person who is related to the child in accordance with:\n(i) any customary law or tradition applicable to the child; or\n(ii) any contemporary custom or practice.\n(2) To avoid doubt, a relationship covered by subsection (1) may\ninclude a relationship that arises through common ancestry,\nadoption, marriage, de facto relationship or any customary law or\ntradition.\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Family of child","content":"19 Family of child\nThe family of a child includes:\n(a) the relatives of the child; and\n(b) the members of the extended family of the child in accordance\nwith:\n(i) any customary law or tradition applicable to the child; or\n\nCare and Protection of Children Act 2007 16\n(ii) any contemporary custom or practice; and\n(c) anyone who is closely associated with the child or another\nfamily member of the child.\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"When child is in need of care and protection","content":"20 When child is in need of care and protection\nA child is in need of care and protection (child is in need of\nprotection) if:\n(a) the child has suffered or is likely to suffer harm or exploitation\nbecause of an act or omission of a parent of the child; or\n(b) the child is abandoned and no family member of the child is\nwilling and able to care for the child; or\n(c) the parents of the child are dead or unable or unwilling to care\nfor the child and no other family member of the child is able\nand willing to do so; or\n(d) the child is not under the control of any person and is engaged\nin conduct that causes or is likely to cause harm to the child or\nother persons.\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Daily care and control of child","content":"21 Daily care and control of child\nA person has daily care and control of a child if the person is\nentitled to exercise all the powers and rights, and has all the\nresponsibilities, for the day-to-day care and control of the child.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Parental responsibility for child","content":"22 Parental responsibility for child\n(1) A person has parental responsibility for a child if the person is\nentitled to exercise all the powers and rights, and has all the\nresponsibilities, for the child that would ordinarily be vested in the\nparents of the child.\n(2) Without limiting subsection (1), a person who has parental\nresponsibility for a child:\n(a) has daily care and control of the child; and\n(b) is entitled to exercise all the powers and rights, and has all the\nresponsibilities, in relation to the long-term care and\ndevelopment of the child.\n(3) To avoid doubt, a reference in this Act to a person who has parental\nresponsibility for a child includes a person who has been given\nparental responsibility for the child under a law of another\njurisdiction.\n\nCare and Protection of Children Act 2007 17\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Application of Criminal Code","content":"23 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 23\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nCare and Protection of Children Act 2007 18\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Objects of Part","content":"24 Objects of Part\nThe objects of this Part are:\n(a) to oblige members of the public to report cases of children at\nrisk of harm or exploitation; and\n(b) to ensure the Minister, the CEO and authorised officers have\nthe power to take appropriate actions to:\n(i) protect children who are in need of protection; and\n(ii) promote the wellbeing of children generally; and\n(iii) promote the wellbeing of young persons who have left\nthe CEO's care.\nNote\nA child who is the subject of the exercise of a power under this Chapter may\nmake a complaint to the Children's Commissioner about certain matters under\nthe Children's Commissioner Act 2013.\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Minister's powers","content":"25 Minister's powers\n(1) The Minister may do anything for the adoption of a cooperative\napproach between the following in relation to the care and\nprotection of children:\n(a) families;\n(b) Agencies and any other public authorities;\n(c) any other individuals or organisations (including, for example,\ncommunity groups, business entities and any other bodies).\n(2) The Minister may make policy guidelines for the exercise of a\npower or performance of a function by the CEO under this Act.\n(3) The Minister must, by Gazette notice, give notice about the making\nof the guidelines as soon as practicable after they are made.\n\nCare and Protection of Children Act 2007 19\n(4) The CEO must have regard to the guidelines in the exercise of the\npower or performance of the function.\n(5) The Minister may give direction to the CEO in relation to the\nexercise of a power or performance of a function by the CEO under\nthis Act.\n(6) The CEO must comply with the direction.\n(7) An exercise of the Minister's power under this section must be\nconsistent with this Act.\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Reporting obligations","content":"26 Reporting obligations\n(1) A person is guilty of an offence if the person:\n(a) believes, on reasonable grounds, any of the following:\n(i) a child has suffered or is likely to suffer harm or\nexploitation;\n(ii) a child aged less than 14 years has been or is likely to\nbe a victim of a sexual offence;\n(iii) a child has been or is likely to be a victim of an offence\nagainst section 208K, 208KA or 208KB of the Criminal\nCode; and\n(b) does not, as soon as possible after forming that belief, report\n(orally or in writing) to the CEO or a police officer:\n(i) that belief; and\n(ii) any knowledge of the person forming the grounds for\nthat belief; and\n(iii) any factual circumstances on which that knowledge is\nbased.\nNote for subsection (1)(a)(iii)\nThe victim of an offence against section 208K, 208KA or 208KB of the Criminal\nCode is a child who is 16 or 17 years of age and in relation to whom the offender\nis in a position of authority (for example, because the offender is a legal guardian\nor employer of the child).\n\nCare and Protection of Children Act 2007 20\n(2) A person is guilty of an offence if the person:\n(a) is a health practitioner or someone who performs work of a\nkind that is prescribed by regulation; and\n(b) believes, on reasonable grounds:\n(i) that a child aged at least 14 years (but less than\n16 years) has been or is likely to be a victim of a sexual\noffence; and\n(ii) that the difference in age between the child and alleged\nsexual offender is more than 2 years; and\n(c) does not, as soon as possible after forming that belief, report\n(orally or in writing) to the CEO or a police officer:\n(i) that belief; and\n(ii) any knowledge of the person forming the grounds for\nthat belief; and\n(iii) any factual circumstances on which that knowledge is\nbased.\nExample for subsection (2)(b)(ii)\nA health practitioner believes, on reasonable grounds, that a child who has just\nturned 14 is likely to be a victim of a sexual offence committed by someone aged\n16 and a half.\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n(4) This section has effect despite any other provision in this Act or\nanother law of the Territory.\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Protection of person making report","content":"27 Protection of person making report\n(1) A person acting in good faith in making a report under section 26 is\nnot civilly or criminally liable, or in breach of any professional code\nof conduct:\n(a) for making the report; or\n(b) for disclosing any information in the report.\n(2) In any proceedings before a court, except with the court's leave:\n(a) the report or evidence of its contents is not admissible; and\n\nCare and Protection of Children Act 2007 21\n(b) a person cannot be compelled to give evidence, or to produce\na record, about the report or the identity of the maker of the\nreport.\n(3) The leave may be granted only if:\n(a) the report, evidence or record is of critical importance to the\n(b) failure to grant the leave would prejudice the proper\nadministration of justice.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"What happens when police officer receives report","content":"28 What happens when police officer receives report\n(1) A police officer must, as soon as practicable after receiving a report\nunder section 26, notify the CEO about the receipt of the report.\n(2) The notification must include details in the report.\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"What happens when CEO receives report or notification","content":"29 What happens when CEO receives report or notification\n(1) The CEO must record the receipt of a report under section 26 or a\nnotification about a report under section 28(1) in relation to a child.\n(2) The CEO may inform the following persons about actions that the\nCEO has taken or proposes to take for the child:\n(a) the person who made the report;\n(b) the police officer who gave the notification.\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Duties of other persons","content":"30 Duties of other persons\n(1) Each of the following persons must ensure everyone providing\nservices for a child under the person's control or direction is aware\nof the obligations under section 26(1):\n(a) an operator of child-related services;\n(b) an approved provider of an education and care service\n(c) the person in charge of a hospital or any other facility for\n(d) the person in charge of a school or any other educational\ninstitution.\n\nCare and Protection of Children Act 2007 22\n(2) Each person who engages another person in child-related\nemployment must ensure the other person is aware of the\nobligations under section 26(1).\n(2A) Each person who engages another person to perform work as a\nhealth practitioner or work of a kind prescribed under\nsection 26(2)(a) must ensure the other person is aware of the\nobligations under section 26(1) and (2).\nsubsection (1), (2) or (2A) if the defendant has a reasonable\nexcuse.\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Object of Division","content":"31 Object of Division\nThe object of this Division is to ensure the CEO and police officers\nhave the power to take steps to determine whether the wellbeing of\na child is at risk.\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"CEO may make inquiries","content":"32 CEO may make inquiries\n(1) The CEO may make inquiries about a child if the CEO receives\ninformation that raises concerns about the child's wellbeing.\nNote\nThe CEO may therefore exercise this power whether or not as a result of a report\nunder section 26 or a notification under section 28(1).\n(2) On completing the inquiries, the CEO must decide whether any\nfurther action should be taken for the child under this Part or\n","sortOrder":35},{"sectionNumber":"Part 2","sectionType":"part","heading":"3.","content":"Part 2.3.\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Police may make inquiries","content":"33 Police may make inquiries\n(1) A police officer may make inquiries about a child if the officer\nreceives information that raises concerns about the child's\nwellbeing.\n(2) Within 24 hours after completing the inquiries, the officer must give\na report of the inquiries to the CEO.\n\nCare and Protection of Children Act 2007 23\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Giving information for inquiries","content":"34 Giving information for inquiries\n(1) This section applies if inquiries about a child are being made under\nsection 32 or 33 by the CEO or a police officer (the inquiring\nofficer).\n(2) The inquiring officer may, for the inquiries, request any of the\nfollowing persons to give the officer specified information about the\nchild or another person (for example, a family member of the child)\nthat directly or indirectly relates to the inquiry:\n(aa) a person whom the officer reasonably believes has the\nspecified information;\n(a) a parent or another family member of the child;\n(b) a police officer;\n(c) a person employed or engaged by an Agency;\n(d) an operator of child-related services;\n(e) an approved provider of an education and care service\n(f) a health practitioner;\n(g) the person in charge of a hospital or any other facility for\n(h) the person in charge of a school or any other educational\ninstitution;\n(i) a service provider for a vulnerable child;\n(j) any other person prescribed by regulation.\n(2A) A request under subsection (2) must be in writing and must specify:\n(a) the date and time by which the specified information must be\ngiven; and\n(b) that the information is needed because the inquiring officer\nhas concerns about the child's wellbeing.\n\nCare and Protection of Children Act 2007 24\nsubsection (3) if:\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"CEO's power to investigate","content":"35 CEO's power to investigate\n(1) The CEO may initiate an investigation to determine whether a child\nis in need of protection.\n(2) The CEO may do so only if the CEO believes on reasonable\ngrounds the child might be in need of protection (whether or not\ninquiries about the child have been made under section 32 or 33).\n(3) The investigation must be conducted by an authorised officer.\n(4) On completing the investigation, the CEO must decide whether any\nfurther action should be taken for the child under this Part or\nPart 2.3.\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Police officer's power to investigate","content":"36 Police officer's power to investigate\n(1) A police officer may initiate an investigation to determine whether a\nchild is in need of protection.\n(2) The police officer may do so only if the officer believes on\nreasonable grounds the child might be in need of protection\n(whether or not inquiries about the child have been made under\nsection 32 or 33).\n(3) The investigation must be conducted by that or another police\nofficer.\n(4) Within 24 hours after completing the investigation, the officer who\nconducted the investigation must give a report of the investigation\nto the CEO.\n\nCare and Protection of Children Act 2007 25\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Access to child","content":"37 Access to child\n(1) For an investigation about a child under section 35 or 36, the officer\nconducting the investigation may request a person mentioned in\nsection 34(2)(b) to (j) (child-related authority) to allow the officer:\n(a) to have contact with the child; and\n(b) to do so without informing the parents of the child.\n(2) The officer may do so only if the officer reasonably believes:\n(a) not to inform the parents is in the best interests of the child; or\n(b) to inform the parents might compromise the investigation.\nsubsection (3) if:\n(b) the child indicated that he or she did not wish to have the\ncontact.\n(5) The officer must inform at least one of the parents of the contact\nand the reasons for it as soon as practicable after it has occurred.\n(6) However, subsection (5) does not apply if:\n(a) the officer reasonably believes:\n(i) a person may be charged with an offence in relation to\n(ii) complying with the subsection might compromise the\ninvestigation of the offence; or\n(b) the officer reasonably believes complying with the subsection\nmay expose the child to harm or exploitation; or\n(c) the child has requested that the parents not be informed about\nthe contact and the officer reasonably believes it is in the\nchild's best interests to comply with the request.\n\nCare and Protection of Children Act 2007 26\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Access to information","content":"38 Access to information\n(1) For an investigation about a child under section 35 or 36, the officer\nconducting the investigation may request a child-related authority to\nallow the officer:\n(a) to have access to specified information about the child; and\n(b) to do so without informing the parents of the child.\n(a) the date and time by which access to the specified information\nmust be given; and\n(b) that the information is needed to determine whether the child\nis in need of protection.\n(2) The officer may do so only if the officer reasonably believes:\n(a) not to inform the parents is in the best interests of the child; or\n(b) to inform the parents might compromise the investigation.\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Protection of persons providing access or information","content":"39 Protection of persons providing access or information\nA person acting in good faith in complying with a request under\nsection 34(2), 37(1) or 38(1) is not civilly or criminally liable, or in\nbreach of any professional code of conduct, for complying with the\nrequest.\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"CEO may take action during inquiries or investigation","content":"40 CEO may take action during inquiries or investigation\nThis Division does not prevent the CEO from taking another action\nfor a child under this Part, Part 2.2 or Part 2.3 while an action is\nbeing taken for the child under this Division.\n\nCare and Protection of Children Act 2007 27\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Object of Division","content":"41 Object of Division\nThe object of this Division is to ensure the CEO has sufficient\npower:\n(a) to perform the CEO's functions under this Act; and\n(b) to take actions for the wellbeing of children generally\n(including actions with the voluntary participation of parents\nand for children who are not necessarily in need of protection).\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"What CEO may do generally","content":"42 What CEO may do generally\n(1) The CEO may take any action that is consistent with this Act:\n(a) to promote the wellbeing of children generally; or\n(ab) to provide or facilitate the provision of services or support to\nchildren, families and communities aimed at promoting or\nsafeguarding the wellbeing of children; or\n(b) to promote the wellbeing of young persons who have left the\nCEO's care; or\n(c) to provide proper facilities for this Act (including the acquisition\nand management of land and other property for this Act); or\n(ca) to provide information to children, families and the community\ngenerally about the development and safety of children; or\n(cb) to provide or facilitate the provision of assistance to Aboriginal\ncommunities to establish programs for preventing or reducing\nincidents of harm to children in Aboriginal communities; or\n(d) to undertake research, publication and collection of\ninformation for the objects of this Act; or\n(e) to cooperate with other Agencies, non-government\norganisations or other persons or bodies for an action\nmentioned in paragraphs (a) to (d); or\n(f) to facilitate that cooperation (including the creation of\nprocedures for that cooperation and the review of those\nprocedures).\n(2) The CEO must have regard to the objects and underlying principles\nof this Act when acting under subsection (1).\n\nCare and Protection of Children Act 2007 28\n(3) The CEO must take reasonable steps to ensure that services\nprovided under this Act include, where appropriate:\n(a) preventative and support services to strengthen and support\nfamilies to reduce the incidents of harm to children; and\n(b) if a risk of harm to a child has been identified – services to\nprotect the child.\n(4) The CEO must take reasonable steps to ensure that services\nprovided to families under this Act, where appropriate:\n(a) involve meaningful engagement with families in a language\nand manner they understand (for example, by providing the\nuse of an interpreter); and\n(b) are culturally responsive; and\n(c) involve a holistic assessment of children and families to\nascertain risk factors in order to enable tailored supports and\nservices to be provided; and\n(d) promote decision-making processes that:\n(i) seek to empower and strengthen families to make\ndecisions for their families; and\n(ii) actively involve:\n(A) children; and\n(B) parents, family members and members of the\nrelevant kinship group; and\n(iii) are developed with regard to the age, maturity, health,\ncognitive ability and cultural background of the children\ninvolved.\n","sortOrder":46},{"sectionNumber":"43","sectionType":"section","heading":"CEO may request assistance","content":"43 CEO may request assistance\n(1) The CEO may request a public authority to provide the CEO with\nspecified assistance for the exercise of a power or the performance\nof a function under this Act.\n(1A) Without limiting subsection (1), the CEO may request a public\nauthority to provide prioritised access to child-related services to a\nchild, a young person who has left the CEO's care or a member of\nthe child's or young person's family, if the child or young person is\nat risk of significant harm.\n\nCare and Protection of Children Act 2007 29\n(2) The public authority must comply with the request if doing so:\n(a) is consistent with its functions; and\n(b) does not unduly prejudice the performance of its functions.\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Child-related services","content":"44 Child-related services\n(1) The CEO may enter into an arrangement for:\n(a) the provision of child-related services; and\n(b) research and development to be carried out for child-related\nservices; and\n(c) the funding (in whole or part) of the services or the research\nand development.\n(2) However, the CEO must not do so unless the CEO is satisfied the\narrangement:\n(a) is consistent with the underlying principles of this Act; and\n(b) furthers the objects of this Act.\n(3) This section does not limit section 42.\n","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"Coordination assistance","content":"45 Coordination assistance\n(1) The CEO may provide assistance to persons or bodies in\ncoordinating their effort to provide services (including child-related\nservices) for a child or young person who has left the CEO's care,\nincluding assistance in:\n(a) convening a meeting of the persons or bodies; and\n(b) drawing up a plan for the provision of the services.\n(2) This section does not limit section 42.\n","sortOrder":49},{"sectionNumber":"46","sectionType":"section","heading":"Temporary placement arrangement","content":"46 Temporary placement arrangement\n(1) The CEO may arrange for the temporary placement of a child who\nis residing with the parents of the child.\n(2) The arrangement is for the child:\n(a) to be taken into the CEO's care for a period not exceeding\n2 months specified by the CEO; and\n\nCare and Protection of Children Act 2007 30\n(b) to be placed under a placement arrangement subject to the\nconditions specified by the CEO.\n(3) The CEO may enter into the arrangement only if:\n(a) having regard to the wishes of the child, the CEO reasonably\nbelieves the arrangement will safeguard the wellbeing of the\n(b) the parents agree to enter into the arrangement; and\n(c) if the child is at least 15 years of age – the child has\nconsented to the arrangement.\n(4) The CEO has daily care and control of the child while the\narrangement is in force.\n(5) The arrangement may be extended for further periods.\n(6) However:\n(a) each extended period must not exceed 2 months; and\n(b) in any case – the arrangement must cease to be in force\n6 months after it was made.\n(7) The CEO may require the parents to make contributions towards\nthe maintenance of the child while the arrangement is in force.\n(8) One or both of the parents may, at any time:\n(a) terminate the arrangement; and\n(b) request the CEO to return the child to them.\n(9) Subject to the operation of any other provisions in this Act and any\nother law of the Territory, the CEO must comply with the request\nwithin 48 hours after receiving the request.\n(10) This section does not limit section 42.\nNote\nUnlike a placement arrangement resulting from other circumstances, the\narrangement under this section is basically voluntary in nature.\n","sortOrder":50},{"sectionNumber":"47","sectionType":"section","heading":"Multiple arrangements","content":"47 Multiple arrangements\nThis Division does not prevent the CEO from:\n(a) applying any provisions in this Division more than once for a\n\nCare and Protection of Children Act 2007 31\n(b) applying more than one provision in this Division for a person\n(whether at the same time or at different times).\n","sortOrder":51},{"sectionNumber":"48","sectionType":"section","heading":"Object of Division","content":"48 Object of Division\nThe object of this Division is to ensure that, as far as possible, the\nwellbeing of a child is safeguarded through agreements between\nthe parents of the child and other interested parties.\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Mediation conference","content":"49 Mediation conference\n(1) The CEO may arrange for a mediation conference to be convened\nfor a child if:\n(a) concerns have been raised about the wellbeing of the child;\nand\n(b) the CEO reasonably believes the conference may address\nthose concerns; and\n(c) the parents of the child are willing to participate in the\nconference.\n(2) The CEO may do so whether or not the CEO has already taken any\nother action for the child under this Part, Part 2.2 or Part 2.3.\n(3) The conference may be convened for any purposes relating to\nthose concerns as specified by the CEO.\n(4) Without limiting subsection (3), the conference may be convened\nfor one or more of the following purposes:\n(a) establishing the circumstances giving rise to those concerns;\n(b) reviewing an arrangement that has been made for the care of\nthe child;\n(c) making recommendations about the care of the child;\n(d) arriving at an agreement on the best means of safeguarding\n(5) The CEO must appoint a person (the convenor) who is approved\nby the parents of the child and has the qualifications or experience\nprescribed by regulation to convene the conference.\n(6) The convenor may invite the parents and other persons to attend\nthe conference as the convenor considers appropriate.\n\nCare and Protection of Children Act 2007 32\n(7) The regulations may make any provision for the conference,\nincluding the following:\n(a) any procedural and reporting requirements for the conference;\n(b) the appointment of a person to represent the interests of the\nchild in the conference;\n(c) the making of any agreement arising from the conference;\n(d) the powers and functions of the convenor.\n","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Object of Division","content":"50 Object of Division\nThe object of this Division is to ensure the CEO has the power to\ntake urgent action for children who might be in need of protection.\n","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"When CEO may take child into provisional protection","content":"51 When CEO may take child into provisional protection\n(1) The CEO may take a child into provisional protection if:\n(a) the CEO reasonably believes:\n(ii) the provisional protection is urgently needed to\nsafeguard the wellbeing of the child; and\n(b) no protection order or temporary protection order is in force for\nExamples of urgency for subsection (1)(a)(ii)\n1 The child is likely to suffer from harm or exploitation if the child is left at the\nplace where the child is found.\n2 A parent of the child is likely to remove the child from the child's usual place\nof residence to prevent access to the child by authorised officers after\nbecoming aware of a proposed application for a protection order for the child.\n(2) As soon as practicable after taking a child into provisional\nprotection, the CEO must inform the following persons that the CEO\nhas done so:\nto whom parental responsibility for the child has been given;\n(b) otherwise – each parent of the child.\n\nCare and Protection of Children Act 2007 33\n","sortOrder":55},{"sectionNumber":"52","sectionType":"section","heading":"Effect of provisional protection","content":"52 Effect of provisional protection\n(1) For the purposes of taking the child into provisional protection, an\nauthorised officer may do one or more of the following:\nreasonably necessary to find and apprehend the child;\n(d) remove the child from the place where the child is found;\n(e) arrange for a medical examination of the child;\n(f) arrange for the provision of other medical services for the\n(g) make other arrangements for the care and protection of the\n(h) if the officer is a staff member of a hospital in which the child is\nfound – keep the child in the hospital for any of the purposes\nmentioned in paragraphs (e) to (g).\n(2) However, the child may refuse to submit to any of the examination\nmentioned in subsection (1)(e) if the child is of sufficient maturity\nand understanding to make the decision.\n(3) The officer may use any reasonable force or assistance in acting\nunder subsection (1).\n(4) The officer must give a report to the CEO about any action taken by\nthe officer under subsection (1) as soon as practicable after taking\nthe action.\n(5) The CEO has daily care and control of the child while the child is in\nprovisional protection.\n","sortOrder":56},{"sectionNumber":"53","sectionType":"section","heading":"Duration of protection","content":"53 Duration of protection\n(1) The child must be in the CEO's care for a period determined by the\nCEO that does not exceed 72 hours from the time the CEO takes\nthe child into provisional protection.\n\nCare and Protection of Children Act 2007 34\n(2) Subject to any other provision of this Act and any other law of the\nTerritory, the CEO must return the child by the end of the period to:\nto whom parental responsibility for the child has been given; or\n(b) otherwise – a parent of the child.\n","sortOrder":57},{"sectionNumber":"54","sectionType":"section","heading":"CEO may take other action","content":"54 CEO may take other action\nThis Division does not prevent the CEO from taking any other\naction under this Part or Part 2.3 for the child while the child is in\nprovisional protection.\nNote\nPart 2.2 applies to the child while the child is in provisional protection, see\nsection 67.\n","sortOrder":58},{"sectionNumber":"55","sectionType":"section","heading":"Object of Subdivision","content":"55 Object of Subdivision\nThe object of this Subdivision is to empower an authorised officer to\ntake action, on a temporary basis and only in limited circumstances,\nto remove a child from a place where the wellbeing of the child is at\nrisk.\n","sortOrder":59},{"sectionNumber":"56","sectionType":"section","heading":"Application","content":"56 Application\nThis Subdivision applies to a child if:\n(a) the child is found at a place other than the child's usual place\nof residence; and\n(b) the child is not under the direct supervision of:\n(i) a parent of the child; or\n(ii) a family member of the child; or\n(iii) an adult capable of adequately supervising the child; and\n(c) an authorised officer:\n(i) does not believe the child is in need of protection; but\n\nCare and Protection of Children Act 2007 35\n(ii) having regard to the circumstances in which the child is\nfound – reasonably believes there is a risk to the\nwellbeing of the child if the child is not removed from the\nplace.\n","sortOrder":60},{"sectionNumber":"57","sectionType":"section","heading":"Authorised officer may move child","content":"57 Authorised officer may move child\n(1) The officer may apprehend the child.\n(1A) For the purpose of doing so, the officer may enter the place where\nthe child is found.\n(1B) If the officer apprehends the child, the officer must:\n(a) return the child to the child's usual place of residence; or\n(b) if it is not practicable or appropriate to do so:\n(i) move the child to a safe place; and\n(ii) keep the child at the safe place; and\n(iii) make any arrangement for the care and protection of the\nchild at the safe place.\n(2) The officer may use any reasonable force or assistance in acting\nunder subsections (1) to (1B).\n(3) The child may be cared for at the safe place until the resumption of\nthe care of the child by a person (a responsible person) who has\ndaily care and control of the child.\n(4) The officer must, as soon as practicable after moving the child:\n(a) take all necessary steps to inform a responsible person about\nmoving the child; and\n(b) if the officer is a police officer – inform the CEO about moving\n(5) The exercise of the officer's powers under subsections (1) to (1B)\ndoes not:\n(a) affect any power, right or responsibility of a responsible\nperson in relation to the child; or\n(b) prevent the officer or any other person from holding, at a later\ntime, the belief that the child is in need of protection.\n\nCare and Protection of Children Act 2007 36\n(6) In this section:\nsafe place:\n(a) includes:\n(i) a place where the child may be temporarily kept for the\nchild's safety (including a Part of a police station not\nnormally used to detain a person); and\n(ii) a place specified by regulation; but\n(b) does not include a custodial correctional facility (as defined in\nsection 11(1)(a) of the Correctional Services Act 2014), lockup\nor any other place that a person may be remanded in custody.\n","sortOrder":61},{"sectionNumber":"58","sectionType":"section","heading":"Application","content":"58 Application\nThis Subdivision applies to a child if:\n(a) an authorised officer or police officer is exercising the officer's\npowers under section 35, 36 or 57 in relation to the child; or\n(b) the child is in the CEO's care.\n","sortOrder":62},{"sectionNumber":"59","sectionType":"section","heading":"Restraint","content":"59 Restraint\n(1) An authorised officer may restrain the child if the officer reasonably\nbelieves it is necessary to do so to prevent the child from:\n(2) The officer may do so by using any reasonable force or assistance.\n","sortOrder":63},{"sectionNumber":"60","sectionType":"section","heading":"Search","content":"60 Search\n(1) An authorised officer may search the child (including anything found\non or with the child) if the officer reasonably believes it is necessary\nto do so to prevent the child from:\n\nCare and Protection of Children Act 2007 37\n(2) Without limiting subsection (1), the officer may search for any of the\n(a) a firearm as defined in section 3(1) of the Firearms Act 1997;\n(b) a controlled weapon, offensive weapon or prohibited weapon\nas defined in section 3 of the Weapons Control Act 2001;\n(c) a dangerous drug as defined in section 3(1) of the Misuse of\nDrugs Act 1990;\n(d) alcohol;\n(e) any other drug or substance capable of intoxicating a person.\n(3) If the officer reasonably believes it is necessary to do so in the\ncircumstances, the officer may designate another person:\n(a) to conduct the search; or\n(b) to assist the officer in conducting the search.\n(4) The designated person must conduct the search or provide the\nassistance in accordance with any reasonable directions of the\nofficer.\n(5) The officer or designated person conducting the search must be\nsomeone who is of the same gender as the child.\n(7) The officer or designated person may use any reasonable force or\nassistance in acting under this section.\n(8) However, this section does not authorise a search that involves the\nremoval of the child's clothing or an examination of the child's body\ncavities.\n","sortOrder":64},{"sectionNumber":"61","sectionType":"section","heading":"Seizure","content":"61 Seizure\n(1) An authorised officer may seize anything found on or with the child\nif the officer reasonably believes it is necessary to do so to prevent\nthe child from:\n(2) The officer may do so by using any reasonable force or assistance.\n(3) An authorised officer (other than a police officer) who seizes a thing\nmentioned in section 60(2)(a), (b) or (c) must, as soon as\npracticable after seizing the thing, deliver it to a police officer.\n\nCare and Protection of Children Act 2007 38\n(4) An authorised officer may, in accordance with the regulations,\ndestroy or otherwise dispose of anything seized under this section\nto prevent the child from:\n","sortOrder":65},{"sectionNumber":"62","sectionType":"section","heading":"Recording and reporting","content":"62 Recording and reporting\nAn authorised officer must, as soon as practicable after exercising a\npower under this Subdivision :\n(a) record the exercise of the power; and\n(b) if the officer is a police officer – give the CEO a report about\nthe exercise of the power.\n","sortOrder":66},{"sectionNumber":"63","sectionType":"section","heading":"Warrant for access to child","content":"63 Warrant for access to child\n(1) A Local Court Judge may, on the application of an authorised\nofficer, grant a warrant under this section if the Local Court Judge is\nsatisfied it is reasonably necessary:\n(a) for exercising a power under section 35 or 36 in relation to a\nchild; or\n(b) for monitoring the wellbeing of a child for whom a placement\narrangement is in force.\n(2) The warrant authorises an authorised officer to do either or both of\nreasonably necessary to find the child;\n(b) if the child is found at a place – stay at the place and have\ncontact with the child for as long as the officer considers\nreasonably necessary for specified purposes (whether or not\nin the presence of someone else).\n\nCare and Protection of Children Act 2007 39\n","sortOrder":67},{"sectionNumber":"64","sectionType":"section","heading":"Execution of warrant","content":"64 Execution of warrant\n(1) In executing the warrant, an authorised officer:\n(a) may use any reasonable force or assistance; and\n(b) must produce the warrant (or a copy of it) if asked to do so by\na person at the place where the warrant is executed.\n(2) Without limiting subsection (1)(a), the officer may be assisted by\nanother authorised officer in executing the warrant.\n(3) The other authorised officer may use any reasonable force in\nproviding the assistance.\n","sortOrder":68},{"sectionNumber":"65","sectionType":"section","heading":"Failure to comply with warrant","content":"65 Failure to comply with warrant\n(1) A person having the control of the place must comply with the\nwarrant.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":69},{"sectionNumber":"66","sectionType":"section","heading":"Object of Part","content":"66 Object of Part\nThe object of this Part is to safeguard the wellbeing of:\n(a) each child who is in the CEO's care; and\n(b) each young person who has left the CEO's care.\n","sortOrder":70},{"sectionNumber":"67","sectionType":"section","heading":"When child is in CEO's care","content":"67 When child is in CEO's care\n(1) A child is in the CEO's care if:\n(a) the child is under a temporary placement arrangement or in\nprovisional protection; or\n(b) the CEO otherwise has daily care and control of the child\nunder an order of the Court (for example, a protection order)\nor a law of the Territory.\n\nCare and Protection of Children Act 2007 40\n(2) The child leaves the CEO's care when the child ceases to be in the\nCEO's care.\n","sortOrder":71},{"sectionNumber":"68","sectionType":"section","heading":"Young person who has left CEO's care","content":"68 Young person who has left CEO's care\nA young person who has left the CEO's care is someone who:\n(a) has left the CEO's care; and\n(b) is between 15 and 25 years of age; and\n(c) was last in the CEO's care for a continuous period of at least\n6 months; and\n(d) in the CEO's opinion, is unlikely to be in the CEO's care again\nin the future.\n","sortOrder":72},{"sectionNumber":"68A","sectionType":"section","heading":"Charter of Rights","content":"68A Charter of Rights\n(1) The CEO must prepare a Charter of Rights for children who are in\nthe CEO’s care.\n(2) The CEO must promote compliance with the Charter of Rights.\n(3) The CEO must review the Charter of Rights from time to time and\nmay amend it as the CEO considers appropriate.\n(4) The CEO must ensure that the Charter of Rights, as amended from\ntime to time, is made available to the public in the manner the CEO\nconsiders appropriate.\n(5) The CEO must ensure that the Charter of Rights includes:\n(a) an explanation of the Charter of Rights and its effect; and\n(b) information about the Commissioner and other entities known\nto the CEO that may be able to help children who consider the\nCharter of Rights is not being complied with.\n(6) The CEO must give a copy of the Charter of Rights to each child\nwho is in the CEO's care:\n(a) as soon as practicable after the child comes into the CEO's\ncare; and\n(b) as soon as practicable after any amendment is made to the\nCharter of Rights.\n\nCare and Protection of Children Act 2007 41\n(7) However, the CEO need not give a copy of the Charter of Rights\nand explanatory statement to a child under subsection (6) if the\nCEO considers that it is not appropriate to do so having regard to\nthe child's maturity and understanding.\n","sortOrder":73},{"sectionNumber":"69","sectionType":"section","heading":"Application","content":"69 Application\nThis Division applies to a child who is in the CEO's care if:\n(a) a protection order for the child is in force; or\n(b) the CEO has daily care and control of the child under a court\norder prescribed by regulation.\n","sortOrder":74},{"sectionNumber":"70","sectionType":"section","heading":"CEO must prepare care plan","content":"70 CEO must prepare care plan\n(1) As soon as practicable after the child is taken into the CEO's care,\nthe CEO must prepare and implement a care plan for the child.\n(2) The care plan is a plan that:\n(aa) is written in clear and plain language; and\n(a) identifies the needs of the child, including the cultural needs of\n(b) outlines actions that must be taken to address those needs;\nand\n(c) sets out decisions about daily care and control of the child,\nincluding, for example:\n(i) decisions about the placement arrangement for the child;\nand\n(ii) decisions about contact between the child and other\npersons; and\n(d) sets out what is required to reunify the child with the child's\nparents, unless the CEO determines that reunification is not in\nthe best interests of the child.\n(3) If the child is 15 years of age or over, the care plan must:\n(a) identify the needs of the child in:\n(i) preparing to leave the CEO's care; and\n\nCare and Protection of Children Act 2007 42\n(ii) the child's transition to other living arrangements after\nleaving the CEO's care; and\n(iii) living independently; and\n(b) outline actions that must be taken to address those needs.\n(4) The actions mentioned in subsection (3)(b) may include the\nprovision of assistance under section 85A or 85B.\n(5) In addition, the care plan for an Aboriginal child must include\nreasonable actions to:\n(a) maintain and develop the child's Aboriginal identity; and\n(b) encourage the child's connection to the Aboriginal culture,\ntradition, language and country of the child.\n","sortOrder":75},{"sectionNumber":"71","sectionType":"section","heading":"Modification of care plan","content":"71 Modification of care plan\n(1) The CEO may modify the care plan at any time if the CEO\nconsiders it appropriate to do so.\n(2) Without limiting subsection (1), the CEO must modify the plan to\ninclude the matters mentioned in section 70(3)(a) and (b) if:\n(a) the plan does not already include those matters; and\n(b) one of the following applies:\n(i) the child is 15 years of age or over;\n(ii) the child is about to leave the CEO's care.\n","sortOrder":76},{"sectionNumber":"72","sectionType":"section","heading":"Child's wishes to be taken into account","content":"72 Child's wishes to be taken into account\nIn preparing or modifying the plan, the CEO must have regard to\nthe wishes of the child as the CEO considers reasonable and\nappropriate in the circumstances.\n","sortOrder":77},{"sectionNumber":"72A","sectionType":"section","heading":"Participation in care plan","content":"72A Participation in care plan\nIn preparing or modifying a care plan for a child the CEO must:\n(a) encourage and facilitate the participation of any of the\nfollowing the CEO considers appropriate (the participants):\n(ii) each parent of the child;\n\nCare and Protection of Children Act 2007 43\n(iii) an appropriate member of the child's family;\n(iv) if the child is an Aboriginal child – a person from the\nkinship group of the child or an Aboriginal community-\ncontrolled organisation nominated by the child or the\nchild's family;\n(v) if the child is not an Aboriginal child – a person\nnominated by the child or the child's family who\nrepresents the cultural group to which the child belongs;\nand\n(b) in facilitating participation, take all reasonable steps to arrange\nfor the provision of services (such as an interpreter) as the\nCEO considers necessary; and\n(c) ensure any information about the preparation or modification\nof the care plan is given to each participant in a timely way\nand in a language and manner the participant understands;\nand\n(d) have regard to the wishes of the participants as the CEO\nconsiders reasonable and appropriate in the circumstances.\n","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Provision of care plan to interested parties","content":"73 Provision of care plan to interested parties\n(1) As soon as practicable after the CEO has prepared or modified the\nplan, the CEO must ensure a copy of it is given to the following\npersons:\n(a) the child;\n(c) the carer of the child;\n(d) any other person considered by the CEO to have a direct and\n(2) However, the CEO is not required to do so for a person if the CEO\nconsiders it inappropriate in the circumstances, having regard to:\n(a) the wishes of the child; and\n(b) any risk of harm to the child; and\n(c) any other matters the CEO considers relevant.\n\nCare and Protection of Children Act 2007 44\n(3) The CEO must take reasonable steps to provide assistance to a\nperson given a care plan under subsection (1) to understand the\ncontents of the care plan.\n","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Review of care plan","content":"74 Review of care plan\n(1) The CEO must conduct regular reviews of the plan as follows:\n(a) the first review must be conducted within 2 months after the\nchild is first taken into the CEO's care;\n(b) a review must be conducted again every 6 months afterwards.\n(2) In addition, the CEO must conduct a review of the plan immediately\nafter any of the following:\n(a) the death of a parent of the child;\n(b) the death of the carer of the child;\n(c) a change of the placement arrangement for the child;\n(ca) the making of a significant medical diagnosis for the child;\n(d) an extension or variation of a court order mentioned in\nsection 69(b) that relates to the child.\n(3) This section does not prevent a review of the plan at other times.\n(4) In conducting a review, the CEO must:\n(a) encourage and facilitate the participation of any of the\nfollowing the CEO considers appropriate (the participants):\n(ii) each parent of the child;\n(iii) the carer of the child;\n(iv) an appropriate member of the child's family;\n(v) if the child is an Aboriginal child – a person from the\nkinship group of the child or an Aboriginal community-\ncontrolled organisation nominated by the child or the\nchild's family;\n(vi) if the child is not an Aboriginal child – a person\nnominated by the child or the child's family who\nrepresents the cultural group to which the child belongs;\nand\n\nCare and Protection of Children Act 2007 45\n(b) in facilitating participation, take all reasonable steps to arrange\nfor the provision of services (such as an interpreter) as the\nCEO considers necessary; and\n(c) ensure any information about the preparation or modification\nof the care plan is given to each participant in a timely way\nand in a language and manner the participant understands;\nand\n(d) have regard to the wishes of the participants as the CEO\nconsiders reasonable and appropriate in the circumstances.\n(5) The CEO must:\n(a) prepare a report of the review, and if the CEO considers it\nappropriate to do so – give a copy of the report to any of the\nparticipants; and\n(b) keep a record of the review and a copy of the report.\n(6) For this section, a review of a care plan includes a review of the\noperation and effectiveness of the plan.\n","sortOrder":80},{"sectionNumber":"75","sectionType":"section","heading":"Application","content":"75 Application\nThis Division applies to a child if:\n(a) the child is in the CEO's care; but\n(b) Division 2 does not apply to the child.\n","sortOrder":81},{"sectionNumber":"76","sectionType":"section","heading":"CEO must prepare interim care plan","content":"76 CEO must prepare interim care plan\n(1) As soon as practicable after the child is taken into the CEO's care,\nthe CEO must prepare and implement an interim care plan for the\n(2) The interim care plan is a plan that:\n(aa) is written in clear and plain language; and\n(a) identifies the immediate needs of the child, including the\nimmediate cultural needs of the child; and\n(b) outlines actions that must be taken to address those needs;\nand\n\nCare and Protection of Children Act 2007 46\n(c) sets out decisions about daily care and control of the child,\nincluding, for example:\n(i) decisions about the placement arrangement for the child;\nand\n(ii) decisions about contact between the child and other\npersons.\n(3) In addition, the interim care plan for an Aboriginal child may include\nreasonable measures to:\n(a) maintain and develop the child's Aboriginal identity; and\n(b) encourage the child's connection to the Aboriginal culture,\ntradition, language and country of the child.\n","sortOrder":82},{"sectionNumber":"77","sectionType":"section","heading":"CEO must enter into placement arrangement","content":"77 CEO must enter into placement arrangement\n(1) The CEO must enter into a placement arrangement with other\npersons or bodies for a child who is in the CEO's care.\nNote\nSection 12 sets out the principles that should be upheld in the placement of\nAboriginal children.\n(2) The CEO may cancel the arrangement and replace it by another\nplacement arrangement at any time.\n","sortOrder":83},{"sectionNumber":"78","sectionType":"section","heading":"Placement arrangement","content":"78 Placement arrangement\n(1) A placement arrangement is:\n(a) an arrangement for placing a child who is in the CEO's care\nwith any of the following persons (the carer):\n(i) a parent of the child;\n(ii) a family member of the child;\n(iii) an individual approved by the CEO; or\n(b) any other arrangement for placing the child that the CEO\nconsiders appropriate in the circumstances.\n(2) Without limiting subsection (1)(b), the arrangement can be one\nunder which the child is not directly supervised by an adult.\n\nCare and Protection of Children Act 2007 47\n(3) The regulations may:\n(a) provide for the nomination and approval of an individual as a\ncarer; and\n(b) provide for the responsibilities of a carer; and\n(c) specify the conditions for a placement arrangement, including,\nfor example, the standards required of a facility for the\narrangement.\n","sortOrder":84},{"sectionNumber":"79","sectionType":"section","heading":"Child to be informed","content":"79 Child to be informed\nBefore placing a child under a placement arrangement, the CEO\nmust give the child any information and explanation about the\narrangement as the CEO considers appropriate in the\n","sortOrder":85},{"sectionNumber":"80","sectionType":"section","heading":"Carer to be informed","content":"80 Carer to be informed\n(1) The CEO must give the carer of the child any information about the\nchild as the CEO considers appropriate for:\n(a) the care of the child; and\n(b) the safety of the child and other persons.\n(2) However, the CEO must have regard to the child's wishes before\ngiving the information.\n(3) The carer must not disclose the information otherwise than:\n(a) to a health practitioner for the care of the child; or\n(b) in other circumstances approved by the CEO.\n","sortOrder":86},{"sectionNumber":"81","sectionType":"section","heading":"Parents to be informed","content":"81 Parents to be informed\n(1) The CEO must give the parents of the child any information about\nthe arrangement as the CEO considers appropriate in the\n(2) The CEO must have regard to the following in giving the\ninformation:\n(a) the wishes of the child;\n(b) the safety of the child and other persons.\n\nCare and Protection of Children Act 2007 48\n(3) This section has effect subject to section 135 (which is about the\nCEO's obligation to give information to the parents under a\nprotection order).\n","sortOrder":87},{"sectionNumber":"82","sectionType":"section","heading":"Payment to carer","content":"82 Payment to carer\nThe CEO may make payments to the carer in accordance with the\narrangement.\n","sortOrder":88},{"sectionNumber":"83","sectionType":"section","heading":"Property of child","content":"83 Property of child\n(1) The Court may, on the CEO's application:\n(a) order the Public Trustee to take control of the property of the\n(b) make any other orders to give effect to the order.\n(2) The CEO must:\n(a) give the child, the parents of the child and other persons\nspecified by the Court:\n(i) a copy of each of the orders; and\n(ii) a written notice explaining the terms and effect of the\norders; and\n(b) give the child any additional explanation of the effect of the\norders if the CEO considers it appropriate to do so having\n","sortOrder":89},{"sectionNumber":"83A","sectionType":"section","heading":"Power of authorised officers to monitor child in CEO's care","content":"83A Power of authorised officers to monitor child in CEO's care\n(1) An authorised officer may monitor the wellbeing of a child who is in\nthe CEO's care.\n(2) For the purpose of doing so, the authorised officer may do either or\nboth of the following:\n(a) make inquires about the child under section 83B;\n(b) carry out an inspection under section 84.\n(3) The authorised officer may do so whether or not the officer has\nreceived information that raises concerns about the child's\nwellbeing.\n\nCare and Protection of Children Act 2007 49\n","sortOrder":90},{"sectionNumber":"83B","sectionType":"section","heading":"Inquiries","content":"83B Inquiries\n(1) For the purpose of monitoring the wellbeing of the child, the\nauthorised officer may request any of the following persons to give\nthe officer specified information about the child or another person\n(for example, a family member of the child) that directly or indirectly\nrelates to the wellbeing of the child:\n(a) a person whom the officer reasonably believes has the\nspecified information;\n(b) the carer of the child;\n(c) a parent or another family member of the child;\n(d) a police officer;\n(e) a person employed or engaged by an Agency;\n(f) an operator of child-related services;\n(g) an approved provider of an education and care service\n(h) a health practitioner;\n(i) the person in charge of a hospital or any other facility for\n(j) the person in charge of a school or any other educational\ninstitution;\n(k) a service provider for a vulnerable child;\n(l) any other person prescribed by regulation.\n(a) the date and time by which the specified information must be\ngiven; and\n(b) that the information is needed for the purpose of monitoring\n(2) The person must comply with the request.\n\nCare and Protection of Children Act 2007 50\nsubsection (2) if:\n","sortOrder":91},{"sectionNumber":"84","sectionType":"section","heading":"Inspection of place where child resides","content":"84 Inspection of place where child resides\n(1) An authorised officer may, at any reasonable time, enter the place\nwhere the child ordinarily resides in order to monitor the wellbeing\nof the child.\n(2) The authorised officer may make any reasonable request to a\nperson having the control of the place for the purposes of:\n(a) inspecting the place; or\n(b) having contact with the child.\nNote\nA warrant may be granted for monitoring the wellbeing of the child, see\nsection 63.\n","sortOrder":92},{"sectionNumber":"84A","sectionType":"section","heading":"Power to investigate","content":"84A Power to investigate\n(1) This section applies if the CEO believes on reasonable grounds\nthat a child who is in the CEO's care:\n(a) has suffered harm or exploitation while in the CEO's care; or\n\nCare and Protection of Children Act 2007 51\n(b) is suffering harm or exploitation; or\n(c) is likely to suffer harm or exploitation while in the CEO's care.\n(2) The CEO may initiate an investigation into the suspected or\npotential harm or exploitation.\n","sortOrder":93},{"sectionNumber":"84B","sectionType":"section","heading":"Investigation – access to information","content":"84B Investigation – access to information\n(1) For an investigation about a child under section 84A, the CEO may\nrequest a person mentioned in section 83B(1)(d) to (l) to give the\nCEO access to specified information about the child.\n(a) the date and time by which access to the specified information\nmust be given; and\n(b) that the information is needed for the purpose of an\ninvestigation under section 84A.\n(2) The CEO need not inform the child's carer of the request.\n","sortOrder":94},{"sectionNumber":"84C","sectionType":"section","heading":"Report of investigation","content":"84C Report of investigation\nOn completing an investigation, the CEO must:\n(a) consider whether any changes need to be made in relation to\nthe care of the child; and\n(b) if the investigation disclosed that the child has suffered harm\nor exploitation while in the CEO's care – report that matter to\nthe Commissioner as soon as practicable.\n","sortOrder":95},{"sectionNumber":"84D","sectionType":"section","heading":"Protection of persons providing access or information","content":"84D Protection of persons providing access or information\nA person acting in good faith in complying with a request under the\nDivision is not civilly or criminally liable, or in breach of any\nprofessional code of conduct, for complying with the request.\n\nCare and Protection of Children Act 2007 52\n","sortOrder":96},{"sectionNumber":"85","sectionType":"section","heading":"Authorised officer's power to apprehend child","content":"85 Authorised officer's power to apprehend child\n(1) If a child who is in the CEO's care is absent from the place where\nthe child ordinarily resides, an authorised officer may apprehend\nthe child in order to return the child to the place.\n(2) If the officer reasonably believes the child may be found at a place,\nthe officer may do one or more of the following:\n(a) at any time, enter the place;\n(b) search the place in order to find the child;\n(c) stay at the place for as long as the officer considers\nreasonably necessary to find and apprehend the child.\n(3) If the officer apprehends the child, the officer must:\n(a) return the child to the place where the child ordinarily resides;\nor\n(b) if it is not practicable or appropriate to do so:\n(i) move the child to a safe place (as defined in\nsection 57(6)); and\n(ii) keep the child at the safe place; and\n(iii) make any arrangement for the care and protection of the\nchild at the safe place.\n(4) The officer may use any reasonable force or assistance in acting\nunder this section.\n","sortOrder":97},{"sectionNumber":"85A","sectionType":"section","heading":"Assistance for child or young person","content":"85A Assistance for child or young person\n(1) This section applies in relation to:\n(a) a child who is in the CEO's care and who is 15 years of age or\nover; and\n(b) a young person who has left the CEO's care.\n(2) The CEO must ensure the child or young person is provided with\nany services, including child-related services, the CEO considers\nappropriate to help the child or young person transition from being a\nchild in the CEO's care to being independent.\n\nCare and Protection of Children Act 2007 53\n(3) Without limiting subsection (2), the CEO may assist the child or\nyoung person to obtain any of the following:\n(a) information about available resources, services and\nentitlements;\n(b) accommodation;\n(c) education or training;\n(d) employment;\n(e) financial security;\n(f) legal services;\n(g) health services;\n(h) community services;\n(i) personal, family and relationship counselling;\n(j) access to information in the control or possession of the CEO\nabout the child or young person while in the care of the CEO.\n(4) If a child who is in the CEO's care turns 18 years of age and\nbecomes a young person who leaves the CEO's care while\nattending a course of education or training, the CEO must provide\nthe necessary assistance (including financial assistance) to\nmaintain the young person's living arrangements until the young\nperson has completed the course.\n(5) In addition, the CEO may give financial assistance to the child or\nyoung person for any of the following purposes:\n(a) the child or young person's education or training;\n(b) obtaining and furnishing the child or young person's\naccommodation;\n(c) living in close proximity to the place where the child or young\nperson is or will be:\n(i) undertaking education or training; or\n(ii) employed or seeking employment.\n(6) The financial assistance must be given on terms and conditions the\nCEO considers appropriate in the circumstances.\n\nCare and Protection of Children Act 2007 54\n","sortOrder":98},{"sectionNumber":"85B","sectionType":"section","heading":"Assistance with living and support arrangements until age","content":"85B Assistance with living and support arrangements until age\nof 22\n(1) This section applies in relation to a young person who has left the\nCEO's care if the young person was in the CEO's care immediately\nbefore turning 18 years of age.\n(2) The young person is entitled to receive assistance (including\nfinancial assistance) under this section from the CEO to maintain\nappropriate living and support arrangements until the young person\nturns 22 years of age.\n(3) The CEO must provide the assistance mentioned in subsection (2)\nif:\n(a) the CEO is satisfied on reasonable grounds that the\nassistance:\n(i) is for an appropriate purpose; and\n(ii) is reasonably necessary considering the young person's\ncircumstances; and\n(iii) will enhance the young person's ability to be self-\nsufficient and independent by the age of 22; and\n(b) the young person consents to the assistance.\n(4) Financial assistance given under this section must be given on the\nterms and conditions the CEO considers appropriate in the\n(5) The CEO must ensure a young person entitled to assistance under\nthis section is notified of the entitlement, and how to request\nassistance:\n(a) when the young person turns 18 years of age; and\n(b) as the CEO considers appropriate, until the young person\nturns 22 years of age.\n(6) This section does not limit the provision of assistance under\nsection 85A.\n\nCare and Protection of Children Act 2007 55\n","sortOrder":99},{"sectionNumber":"86","sectionType":"section","heading":"Access to personal items","content":"86 Access to personal items\n(1) A person who has left the CEO's care is entitled, free of any\ncharges, to the possession of any of the person's personal items\nheld by:\n(a) the Department; or\n(b) anyone who was a carer of the person; or\n(c) a party to a placement arrangement for the person.\n(6) In this section:\npersonal items, of a person, includes the following:\n(a) the person's birth certificate;\n(b) school reports or other reports relating to the person's\neducation or training;\n(c) photographs belonging to the person;\n(d) anything else prescribed by regulation.\n","sortOrder":100},{"sectionNumber":"87","sectionType":"section","heading":"Object of Part","content":"87 Object of Part\n(1) The object of this Part is to create an appropriate judicial process\nfor safeguarding the wellbeing of children, particularly children who\nare or might be in need of protection.\n(2) The object is to be achieved by:\n(a) providing for a family matters division within the Court to hear\nand determine matters under this Act (see Division 2); and\n(b) providing for:\n(i) the Court's power to make various orders for children\n(see Division 4); and\n(ii) procedural matters (see Divisions 3 and 5 to 7).\n\nCare and Protection of Children Act 2007 56\n","sortOrder":101},{"sectionNumber":"88","sectionType":"section","heading":"Definitions","content":"88 Definitions\nCourt order means an order made by the Court under this Act.\nCourt proceedings means proceedings in the Court under this Act.\n","sortOrder":102},{"sectionNumber":"89","sectionType":"section","heading":"Family matters division of Court","content":"89 Family matters division of Court\n(1) There is to be a division of the Court to deal with proceedings under\nthis Act.\n(2) For dealing with proceedings under this Act, the Court must be\nconstituted by a Local Court Judge.\n","sortOrder":103},{"sectionNumber":"90","sectionType":"section","heading":"Paramount consideration","content":"90 Paramount consideration\n(1) In Court proceedings, the Court must regard the best interests of\nthe child to whom the proceedings relate as paramount.\n(2) Without limiting subsection (1), the Court must give priority to the\nchild if the rights of the child conflict with the rights of an adult.\n","sortOrder":104},{"sectionNumber":"91","sectionType":"section","heading":"Jurisdiction not affected by other proceedings","content":"91 Jurisdiction not affected by other proceedings\n(1) Court proceedings are not affected by any criminal proceedings\nagainst:\n(a) the child to whom the Court proceedings relate; or\n(b) any other party to the Court proceedings.\n(2) Subsection (1) has effect whether or not the criminal proceedings\narose out of the same facts as the Court proceedings.\n","sortOrder":105},{"sectionNumber":"92","sectionType":"section","heading":"Sittings of Court","content":"92 Sittings of Court\n(1) The Court may hold several sittings at the same time.\n(2) The Court must:\n(a) ensure Court proceedings are separate from other\nproceedings of the Local Court or proceedings of another\ncourt; and\n(b) conduct Court proceedings at a place approved by the\nMinister administering the Local Court Act 2015 (the relevant\nMinister).\n\nCare and Protection of Children Act 2007 57\n(3) The relevant Minister must ensure the approved place:\n(a) provides adequate and appropriate facilities for Court\n(b) is separated from places in which other proceedings of the\nLocal Court or proceedings of another court are being\nconducted.\n","sortOrder":106},{"sectionNumber":"93","sectionType":"section","heading":"Nature of proceedings","content":"93 Nature of proceedings\n(1) Court proceedings must be conducted with as little formality and\nlegal technicality as the circumstances permit.\n(2) Subject to any directions of the Court, the Court is not bound by the\nrules of evidence.\n","sortOrder":107},{"sectionNumber":"94","sectionType":"section","heading":"Parties to proceedings","content":"94 Parties to proceedings\n(1) The following are parties to the proceedings:\n(a) the child to whom the proceedings relate;\n(c) the CEO;\n(d) each person proposed to be given daily care and control of, or\nparental responsibility for, the child under a Court order;\n(e) any other person considered by the Court to have a direct and\n(2) This section has effect subject to section 125 (which is about the\nparties to proceedings for a protection order).\n","sortOrder":108},{"sectionNumber":"95","sectionType":"section","heading":"Standard of proof","content":"95 Standard of proof\nIf the Court is required to be satisfied of a matter in the\nproceedings, the matter must be established on the balance of\nprobabilities.\n","sortOrder":109},{"sectionNumber":"96","sectionType":"section","heading":"Expedition","content":"96 Expedition\n(1) The proceedings must be conducted as expeditiously as possible to\nminimise their effect on the child.\n\nCare and Protection of Children Act 2007 58\n(2) For subsection (1), the Court:\n(a) may set a timetable for each matter to which the proceedings\nrelate, having regard to the age and developmental needs of\n(b) may give such directions the Court considers appropriate to\nensure the timetable is kept.\n","sortOrder":110},{"sectionNumber":"97","sectionType":"section","heading":"Restrictions on publication","content":"97 Restrictions on publication\nA person is guilty of an offence if the person:\n(a) publishes a report of:\n(i) any of the proceedings; or\n(ii) the results of any of the proceedings; and\n(b) is not authorised to do so by the Court or a law in force in the\nTerritory.\n","sortOrder":111},{"sectionNumber":"98","sectionType":"section","heading":"Understanding proceedings","content":"98 Understanding proceedings\n(1) The Court must, as far as practicable, ensure each party to the\nproceedings understands the nature and purposes of the\n(2) For subsection (1), the Court may direct that the services of a\nperson (such as an interpreter) be provided to a party to the\n","sortOrder":112},{"sectionNumber":"99","sectionType":"section","heading":"Restrictions on attendance","content":"99 Restrictions on attendance\nExcept as otherwise directed by the Court, a person must not\nattend any of the proceedings if:\n(a) the person is not a party to the proceedings; or\n(b) the Court has ordered the person not to attend the\n\nCare and Protection of Children Act 2007 59\n","sortOrder":113},{"sectionNumber":"100","sectionType":"section","heading":"Appearance of parents","content":"100 Appearance of parents\n(1) Except as otherwise directed by the Court, the parents of the child\nmust attend the proceedings.\n(2) The Court may order the parents to attend the proceedings.\n(3) This section has effect subject to sections 105 and 126 (which\nrelate to the making of a temporary protection order or protection\norder in the absence of the parents).\n","sortOrder":114},{"sectionNumber":"101","sectionType":"section","heading":"Right of representation","content":"101 Right of representation\n(1) A party to the proceedings may be represented by a legal\npractitioner or any other person.\nNote for subsection (1)\nSee also Division 6B.\n(2) The Court may adjourn the proceedings until a party has a\nreasonable opportunity to obtain the representation.\n","sortOrder":115},{"sectionNumber":"102","sectionType":"section","heading":"Hearing of applications together","content":"102 Hearing of applications together\n(1) The Court may hear 2 or more applications together if:\n(a) a party to any of the applications asks the Court to do so; and\n(b) the Court considers it in the interests of justice to do so.\n(2) The Court may do so even if the applications have different parties.\n","sortOrder":116},{"sectionNumber":"103","sectionType":"section","heading":"Applying for temporary protection order","content":"103 Applying for temporary protection order\n(1) The CEO may apply to the Court for a temporary protection order\nfor a child if:\n(a) the CEO reasonably believes:\n(ii) the proposed order is urgently needed to safeguard the\nwellbeing of the child; and\n(b) no protection order is in force for the child.\n\nCare and Protection of Children Act 2007 60\n(2) The CEO may make the application:\n(a) whether or not an assessment order is in force for the child;\nand\n(aa) whether or not a permanent care order is in force for the child;\nand\n(b) whether or not the child is in provisional protection.\n","sortOrder":117},{"sectionNumber":"104","sectionType":"section","heading":"How application is made","content":"104 How application is made\n(1) The application may be made to the Court in any way the Court\nconsiders reasonable in the circumstances (including, for example,\ntelephone, fax or other electronic means).\n(2) The CEO must specify in the application:\n(a) why the CEO considers the proposed order is necessary; and\n(b) the proposed arrangement for the care and protection of the\n(3) Any information in support of the application must be in the form of\na statement made on oath.\n(4) However, if the application is made by telephone, fax or other\nelectronic means:\n(a) the Court may allow the application to be made before the\nstatement is made on oath; but\n(b) the CEO must send the duly made statement to the Court not\nlater than the day after the day of the application.\n(5) For subsection (4), the Court may give any directions about the\napplication as the Court considers appropriate in the\n","sortOrder":118},{"sectionNumber":"104A","sectionType":"section","heading":"Notice of application","content":"104A Notice of application\n(1) The CEO must take the steps the CEO considers reasonable in the\ncircumstances to give each parent of the child notice of the\napplication, as soon as practicable after applying for the order but\nbefore the application is heard by the Court:\n(a) stating when and where the application is to be heard (if\nknown); and\n(b) stating that the application may be heard and decided in the\nabsence of the parents.\n\nCare and Protection of Children Act 2007 61\n(2) In addition, the CEO may give a copy of the application with the\nnotice if it is practicable to do so.\n","sortOrder":119},{"sectionNumber":"105","sectionType":"section","heading":"Making of order","content":"105 Making of order\n(1) The Court must, immediately after the application is made:\n(a) make the temporary protection order if the Court is satisfied\nthere are reasonable grounds for believing:\n(ii) the proposed order is urgently needed to safeguard the\nwellbeing of the child; or\n(b) dismiss the application if the Court is not so satisfied.\n(2) As soon as practicable after making the decision, the Court must\ngive the CEO a copy of:\n(a) the order if the Court decides to make the order; or\n(b) otherwise – a statement of the reasons for not making the\n(3) Without limiting subsection (2), the Court may give the copy by\nsending it to the CEO by fax or other electronic means.\n(4) The Court must keep a record of:\n(a) the application (whether or not a written application is given to\nthe Court); and\n(b) any information given to the Court for the application; and\n(c) the decision on the application; and\n(d) the reasons for the decision.\n(5) To avoid doubt, the Court may decide the application in the\nabsence of the parents of the child.\n","sortOrder":120},{"sectionNumber":"106","sectionType":"section","heading":"Notice of order","content":"106 Notice of order\n(1) As soon as practicable after the order is made, the CEO must:\n(a) give a copy of the order to:\n(i) if a permanent care order for the child is in force – the\nperson to whom parental responsibility for the child has\nbeen given; or\n\nCare and Protection of Children Act 2007 62\n(ii) otherwise – each parent of the child; and\n(b) inform the child about the order; and\n(c) explain the duration and effect of the order to the child in a\nlanguage and manner the child understands.\n(2) The CEO must give the copy to a parent of the child or the person\nto whom parental responsibility for the child has been given:\n(a) by personally serving the copy on the parent or other person;\nor\n(b) if the CEO considers it impracticable to do so – by:\n(i) leaving it at the last known address of the parent or other\n(ii) sending it by post to that address.\n(2A) If the copy is personally served on the parent or other person, the\nCEO must explain the duration and effect of the order to the parent\nor other person:\n(a) in the preferred language of the person; or\n(b) if it is not reasonably practicable to do so in the preferred\nlanguage of the person – in a language and manner the\nperson understands.\n(2B) If the parent was not given a copy of the application under\nsection 104A(2), the CEO must give the parent a copy of the\napplication with the copy of the order under subsection (1).\n(3) In addition, the CEO may give a copy of the order to the child if the\nCEO considers it appropriate to do so having regard to the child's\n","sortOrder":121},{"sectionNumber":"107","sectionType":"section","heading":"Effect of order","content":"107 Effect of order\nThe order:\n(a) gives daily care and control of the child to the CEO while the\norder is in force; and\n(b) except as provided by section 109(2) and (3) – is in force for\n14 days from the time it is made.\n\nCare and Protection of Children Act 2007 63\n","sortOrder":122},{"sectionNumber":"108","sectionType":"section","heading":"Authorised officer's powers","content":"108 Authorised officer's powers\n(1) To give effect to the order, an authorised officer may do one or\nmore of the following:\nreasonably necessary to find and apprehend the child;\n(d) apprehend the child;\n(e) remove the child from the place where the child is found;\n(f) arrange for a medical examination of the child;\n(g) arrange for the provision of other medical services for the\n(h) make other arrangements for the care and protection of the\n(2) However, the child may refuse to submit to any of the examination\nmentioned in subsection (1)(f) if the child is of sufficient maturity\nand understanding to make the decision.\n(3) The officer may use any reasonable force or assistance in acting\nunder subsection (1).\n(4) The officer must give a report to the CEO about any action taken by\nthe officer under subsection (1) as soon as practicable after taking\nthe action.\n","sortOrder":123},{"sectionNumber":"109","sectionType":"section","heading":"What happens when order ceases to be in force","content":"109 What happens when order ceases to be in force\n(1) Subject to any other provision of this Act, when the order ceases to\nbe in force the CEO must return the child to:\nto whom parental responsibility for the child has been given; or\n(b) otherwise – a parent of the child.\n\nCare and Protection of Children Act 2007 64\n(2) The CEO may return the child to a parent of the child or the other\nperson mentioned in subsection (1)(a) before the order ceases to\nbe in force:\n(a) under an agreement arising from a mediation conference\nunder section 49; or\n(b) if the CEO considers it appropriate to do so in the\n(3) If the CEO returns the child under subsection (2):\n(a) the CEO must notify the Court about returning the child; and\n(b) the order ceases to be in force when the Court is so notified.\n","sortOrder":124},{"sectionNumber":"110","sectionType":"section","heading":"Other action for child while order in force","content":"110 Other action for child while order in force\n(1) This Subdivision does not prevent any of the following from\nhappening while the temporary protection order is in force:\n(a) an inquiry or investigation under Part 2.1 in relation to the\n(b) an application for an assessment order for the child;\n(c) an assessment order being in force for the child;\n(d) an application for another temporary protection order for the\n(e) an application for a protection order for the child.\n(2) However, the CEO must not apply for another temporary protection\norder for the child while an existing temporary protection order (the\nexisting order) for the child is in force if:\n(a) the existing order was made when a previous temporary\nprotection order (the previous order) was in force; and\n(b) the existing order took effect immediately after the previous\norder ceased to be in force; and\n(c) the CEO did not return the child to a parent of the child or the\nother person mentioned in section 109(1)(a) before or when\nthe existing order took effect.\n\nCare and Protection of Children Act 2007 65\n(3) Subsection (2) does not prevent an application for a temporary\nprotection order for the child after:\n(a) a temporary protection order for the child has ceased to be in\nforce; and\n(b) the CEO has returned the child to a parent of the child or the\nother person mentioned in section 109(1)(a).\n","sortOrder":125},{"sectionNumber":"111","sectionType":"section","heading":"Applying for assessment order","content":"111 Applying for assessment order\n(1) The CEO may apply to the Court for an assessment order for a\nchild to authorise the carrying out of an assessment if:\n(a) a protection order is not in force for the child; and\n(b) the CEO reasonably believes the proposed assessment is\nnecessary for determining whether the child is in need of\nprotection; and\n(c) the proposed assessment cannot be carried out without the\n(2) For subsection (1), an assessment includes:\n(a) any assessment of the child for determining whether the child\nis in need of protection; and\n(b) any assessment of a parent of the child for determining\nwhether the parent is capable of exercising parental\nresponsibility for the child.\n(3) Without limiting subsection (2), an assessment may involve:\n(a) a medical or psychological examination of the child or a parent\nof the child; and\n(b) the taking and examination of samples from the child or a\nparent of the child.\n(4) The CEO may make the application:\n(a) whether or not the child is in the CEO's care; and\n(b) whether or not the CEO has applied for a temporary protection\norder or protection order for the child.\n\nCare and Protection of Children Act 2007 66\n","sortOrder":126},{"sectionNumber":"112","sectionType":"section","heading":"How application is made","content":"112 How application is made\nThe CEO must specify in the application:\n(a) why the CEO considers the proposed assessment is\nnecessary; and\n(b) details of the proposed assessment; and\n(c) any of the following directions that the CEO seeks from the\nCourt:\n(i) a direction restricting a specified person's contact with\nthe child while the assessment order is in force;\n(ii) a direction requiring a child-related authority to give the\nCEO specified information about the child.\n","sortOrder":127},{"sectionNumber":"113","sectionType":"section","heading":"When Court may hear application","content":"113 When Court may hear application\nThe Court must not hear the application unless the Court is\nsatisfied:\n(a) the CEO is entitled to make the application under section 111;\nand\n(b) either:\n(i) the CEO has taken reasonable steps to obtain the\nconsent of at least one of the parents of the child for the\nproposed assessment; or\n(ii) it is not practicable for the CEO to do so.\n","sortOrder":128},{"sectionNumber":"114","sectionType":"section","heading":"Court to consider certain matters","content":"114 Court to consider certain matters\nIn deciding the application, the Court must consider:\n(a) whether the proposed assessment is necessary; and\n(b) whether the assessment is likely to provide information\nneeded to determine whether the child is in need of protection;\nand\n(c) whether any distress caused by the assessment to the child\nwill be outweighed by the value of the information to be\nobtained from the assessment; and\n(d) any distress caused to the child by a previous assessment of\nthe same or a similar nature; and\n\nCare and Protection of Children Act 2007 67\n(e) any other matters the Court considers relevant.\n","sortOrder":129},{"sectionNumber":"115","sectionType":"section","heading":"Order of Court","content":"115 Order of Court\nThe Court may:\n(a) make an assessment order authorising the carrying out of the\nproposed assessment or any other specified assessment for\ndetermining whether the child is in need of protection; or\n(b) make an assessment order covered by paragraph (a) that\nincludes one or more of the following directions (whether or\nnot they were sought by the CEO):\n(i) a direction restricting a specified person's contact with\nthe child while the order is in force;\n(ii) a direction requiring a child-related authority to give the\nCEO specified information about the child; or\n(c) dismiss the application.\n","sortOrder":130},{"sectionNumber":"116","sectionType":"section","heading":"Notice of order","content":"116 Notice of order\n(1) As soon as practicable after the order is made, the CEO must give\neach party to the proceedings (except the child):\n(ii) stating the party may appeal against the order under\n(2) The CEO may give the copy and notice:\n(3) The CEO:\n(a) must explain the effect of the order and notice to the child; and\n\nCare and Protection of Children Act 2007 68\n(b) may give a copy of the order and notice to the child if the CEO\nconsiders it appropriate to do so having regard to the child's\n","sortOrder":131},{"sectionNumber":"117","sectionType":"section","heading":"Effect of order","content":"117 Effect of order\n(1) The order has effect for 28 days.\n(2) On the CEO's application, the Court may extend the order for a\nfurther period that does not exceed 28 days.\n(3) However, the order cannot be extended again.\n(4) The order authorises:\n(a) the making of an assessment specified in the order; and\n(b) if the order includes a direction mentioned in section 115(b) –\nthe actions specified in the direction; and\n(c) the giving of information obtained from the assessment to the\nCEO and other specified persons.\n(5) Despite any law of the Territory, a person acting in good faith in\ngiving information under the order is not civilly or criminally liable, or\nin breach of any professional code of conduct, for giving the\ninformation.\n","sortOrder":132},{"sectionNumber":"118","sectionType":"section","heading":"Refusal to submit to assessment","content":"118 Refusal to submit to assessment\n(1) The child may refuse to submit to any assessment that relates to\nthe child if the child is of sufficient maturity and understanding to\nmake the decision.\n(2) A parent of the child may refuse to submit to any assessment that\nrelates to the parent.\n","sortOrder":133},{"sectionNumber":"119","sectionType":"section","heading":"What happens after assessment","content":"119 What happens after assessment\n(1) The CEO must give the Court the result of the assessment in a\nreport in the approved form.\n(2) Without limiting subsection (1), the report must state whether or not\nthe CEO believes the child is in need of protection on the basis of\nthe result.\n\nCare and Protection of Children Act 2007 69\n","sortOrder":134},{"sectionNumber":"120","sectionType":"section","heading":"CEO may take other action","content":"120 CEO may take other action\nThis Subdivision does not prevent the CEO from doing any of the\nfollowing while the assessment order is in force:\n(a) taking another action under this Part for the child;\n(b) taking an action under Part 2.1 for the child.\n","sortOrder":135},{"sectionNumber":"121","sectionType":"section","heading":"Applying for protection order","content":"121 Applying for protection order\n(1) The CEO may apply to the Court for a protection order for a child if\nthe CEO reasonably believes:\n(i) is in need of protection; or\n(ii) would be in need of protection but for the fact that the\nchild is currently in the CEO's care; and\n(b) the proposed order is:\n(i) appropriate; and\n(ii) the least intrusive means to safeguard the wellbeing of\n(2) The CEO may make the application:\n(a) whether or not the child is in the CEO's care; and\n(b) whether or not an application for a temporary protection order\nor assessment order for the child has been made; and\n(c) whether or not a temporary protection order or assessment\norder for the child is in force.\nNote\nThe provisions about a protection order in this Part are Part of a system for the\ntransfer of such orders and related proceedings between jurisdictions, see\nPart 2.4.\n","sortOrder":136},{"sectionNumber":"122","sectionType":"section","heading":"Applications","content":"122 Applications\n(1) The CEO must specify in the application:\n(a) the proposed order; and\n\nCare and Protection of Children Act 2007 70\n(b) when the order is proposed to have effect; and\n(c) why the CEO considers the order is necessary; and\n(d) the proposed arrangement for the care and protection of the\n(2) A care plan, interim care plan or, if the child is not in the CEO's\ncare, a proposed care plan for the child must be provided with the\napplication unless it is not reasonably practicable to do so.\n(3) If a care plan, interim care plan or proposed care plan is not\nprovided with the application the Court may set a date by which the\nplan is to be provided to the Court, which must not be more than\n21 days after the application is made.\n","sortOrder":137},{"sectionNumber":"123","sectionType":"section","heading":"Directions in protection order","content":"123 Directions in protection order\n(1) The proposed order must specify one or more of the following\ndirections:\n(a) a direction (a supervision direction) requiring one or more of\n(i) that a person must do, or refrain from doing, a specified\nthing directly related to the protection of the child;\n(ii) that the CEO must supervise the protection of the child\nin relation to specified matters;\n(iii) that the CEO must do, or refrain from doing, a specified\nthing related to the care of the child;\n(b) a direction (a daily care and control direction) giving daily\ncare and control of the child to a specified person;\n(c) a direction (a short-term parental responsibility direction)\ngiving parental responsibility for the child to a specified person\nfor a specified period not exceeding 2 years;\n(d) a direction (a long-term parental responsibility direction)\ngiving parental responsibility for the child to a specified person\nfor a specified period that:\n(i) exceeds 2 years; and\n(ii) ends before the child turns 18 years of age.\n\nCare and Protection of Children Act 2007 71\n(2) Without limiting subsection (1)(a)(i), a supervision direction may:\n(a) require a person not to have any direct or indirect contact with\nthe child; or\n(b) require a person not to have any direct or indirect contact with\nthe child except when a specified person or a person\nbelonging to a specified group is present.\n","sortOrder":138},{"sectionNumber":"124","sectionType":"section","heading":"Notice of application","content":"124 Notice of application\n(1) As soon as practicable after applying for the order, the CEO must\ngive to each parent of the child:\n(a) a copy of the application; and\n(i) stating when and where the application is to be heard;\nand\n(ii) providing a list of contact details for local legal service\nproviders; and\n(iii) stating that the application may be heard and decided in\nthe absence of the parent.\n(2) The CEO must give a copy of the application and written notice by\npersonally serving them on each parent.\n(3) If the Court is satisfied that it is impracticable to personally serve\nthe documents mentioned in subsection (1), the Court may order\nthat the documents be served in another manner.\n(4) In deciding whether to make an order under subsection (3) the\nCourt must have regard to the following:\n(a) whether attempts have been made to effect personal service\nand why the attempts were unsuccessful;\n(b) the reasons why personal service is considered impracticable;\n(c) the nature of service proposed;\n(d) the reasons why the proposed method of service is likely to be\nsuccessful;\n(e) whether the proposed method of service is appropriate in the\n\nCare and Protection of Children Act 2007 72\n(5) If the documents mentioned in subsection (1) are personally\nserved, the CEO must explain the duration and effect of the order to\nthe parent or other person:\n(a) in the preferred language of the person; or\n(b) if it is not reasonably practicable to do so in the preferred\nlanguage of the person – in a language and manner the\nperson understands.\n(6) The CEO:\n(a) must explain the effect of the application and written notice to\n(b) may give a copy of the application and written notice to the\nchild if the CEO considers it is appropriate to do so having\n","sortOrder":139},{"sectionNumber":"125","sectionType":"section","heading":"Parties to proceedings","content":"125 Parties to proceedings\n(1) The parents of the child are the respondents in the proceedings for\nthe application.\n(2) The other parties to the proceedings are:\n(b) the CEO; and\n(c) a person proposed to be given daily care and control of, or\nparental responsibility for, the child under the order; and\n(d) any other person who:\n(i) has applied to the Court to be a party to the\n(ii) is considered by the Court to have a direct and\n","sortOrder":140},{"sectionNumber":"126","sectionType":"section","heading":"Hearing in absence of parents","content":"126 Hearing in absence of parents\n(1) The Court may hear the application in the absence of a parent of\nthe child if:\n(a) the Court is satisfied the CEO has given the parent a notice\nthat complies with section 124(1); or\n\nCare and Protection of Children Act 2007 73\n(b) the CEO has not given the parent a notice that complies with\nsection 124(1) but the Court is satisfied the application should\nbe heard in the absence of the parent despite the\nnon-compliance.\n(2) However, this section does not limit the Court's power to exclude\nthe parent or anyone else from Court proceedings.\n","sortOrder":141},{"sectionNumber":"127","sectionType":"section","heading":"Court-ordered mediation conference","content":"127 Court-ordered mediation conference\n(1) Before deciding the application, the Court may order a mediation\nconference to be convened for the purposes specified by the Court.\n(2) Without limiting subsection (1), the conference may be convened\nfor one or more of the following purposes:\n(a) establishing the circumstances giving rise to the application;\n(b) reviewing an arrangement that has been made for the care of\nthe child;\n(c) making recommendations about the arrangement for the care\nof the child;\n(d) arriving at an agreement on the best means of safeguarding\n(3) The Court:\n(a) must appoint someone (the convenor) who has the\nqualifications or experience prescribed by regulation to\nconvene the conference; and\n(b) may direct that:\n(i) the conference be convened at a specified time and\nplace; and\n(ii) specified persons (including parties to the proceedings\nand any other persons) are to attend the conference.\n(4) A person required to attend the conference may be represented by\nsomeone appointed by the person.\n(5) The regulations may make any provision for the conference,\nincluding the following:\n(a) any procedural and reporting requirements for the conference;\n(b) the appointment of a person to represent the interests of the\nchild in the conference;\n\nCare and Protection of Children Act 2007 74\n(c) the making of any agreement arising from the conference;\n(d) the powers and functions of the convenor.\n","sortOrder":142},{"sectionNumber":"128","sectionType":"section","heading":"Order of Court","content":"128 Order of Court\n(a) make a protection order for the child:\n(i) as proposed by the CEO; or\n(ii) specifying other directions mentioned in section 123 as\nthe Court considers appropriate; or\n(1A) If the Court proposes to specify other directions under\nsubsection (1)(a)(ii), the Court must hear submissions from the\nparties in relation to those directions.\n(2) The Court may make any order for an agreement arising from a\nmediation conference for the child.\n","sortOrder":143},{"sectionNumber":"129","sectionType":"section","heading":"When Court must make order","content":"129 When Court must make order\nThe Court must make the protection order if the Court is satisfied:\n(i) is in need of protection; or\n(ii) would be in need of protection but for the fact that the\nchild is currently in the CEO's care, and\n(b) the proposed order is:\n(i) appropriate; and\n(ii) the least intrusive means to safeguard the wellbeing of\n","sortOrder":144},{"sectionNumber":"130","sectionType":"section","heading":"Court to consider certain matters","content":"130 Court to consider certain matters\n(1) In making the decision, the Court must consider:\n(a) any matters arising from a mediation conference for the child;\nand\n\nCare and Protection of Children Act 2007 75\n(b) the wishes of the following:\n(ii) a parent of the child;\n(iii) a person proposed to be given daily care and control of,\nor parental responsibility for, the child under the order;\n(iv) any other person considered by the Court to have a\n(c) if the CEO proposes that daily care and control of, or parental\nresponsibility for, the child be given to a person (including, for\nexample, the CEO):\n(i) any report or recommendation given to the Court by the\nCEO about the proposal; and\n(ii) whether there is another person who is better suited to\nbe given daily care and control of, or parental\nresponsibility for, the child; and\n(iii) the needs of the child for long-term stability and security;\nand\n(ca) the steps taken by the Territory:\n(i) to provide the services necessary to address any likely\nrisks of harm to the child; and\n(ii) to ensure the services were provided in accordance with\nsection 42(4); and\n(d) any other matters the Court considers relevant.\n(2) Without limiting subsection (1)(c), the Court must not give a person\nwho is not a parent or family member of the child or a member of\nthe kinship group to which the child belongs parental responsibility\nfor the child under a long-term parental responsibility direction\nunless the Court is satisfied:\n(a) giving the responsibility to the person is the best means of\nsafeguarding the child's wellbeing; and\n(b) there is no one else who is better suited to be given the\nresponsibility.\n\nCare and Protection of Children Act 2007 76\n(3) The Court must not make a protection order unless a care plan,\ninterim care plan or proposed care plan has been provided to the\nCourt.\n","sortOrder":145},{"sectionNumber":"131","sectionType":"section","heading":"Extraterritoriality","content":"131 Extraterritoriality\nTo avoid doubt, the Court may make a protection order for the child\neven if the circumstances causing the child to be in need of\nprotection occurred:\n(a) outside the Territory or Australia; or\n(b) partly in the Territory and partly outside the Territory or\nAustralia.\n","sortOrder":146},{"sectionNumber":"132","sectionType":"section","heading":"Duration of order","content":"132 Duration of order\n(1) The order has effect as specified by the Court unless the Court\nextends, varies or revokes the order under section 136 or 137.\n(2) In any case, the order must cease to have effect when the child\nturns 18 years of age.\n","sortOrder":147},{"sectionNumber":"133","sectionType":"section","heading":"Notice of order","content":"133 Notice of order\n(1) As soon as practicable after the order is made, the CEO must give\neach party to the proceedings (except the child):\n(ii) stating the party may appeal against the order under\n(2) The CEO may give the copy and notice:\n\nCare and Protection of Children Act 2007 77\n(3) The CEO:\n(a) must explain the effect of the order and notice to the child; and\n(b) may give a copy of the order and notice to the child if the CEO\nconsiders it appropriate to do so having regard to the child's\n","sortOrder":148},{"sectionNumber":"134","sectionType":"section","heading":"Obligations to supervise protection of child","content":"134 Obligations to supervise protection of child\n(1) If the order includes a supervision direction requiring the CEO to\nsupervise the protection of the child in relation to specified matters,\nthe CEO must, while the order is in force, maintain reasonable\ncontact with:\n(b) the parents of the child; and\n(c) any other person who is residing with the child.\n(2) For subsection (1):\n(a) the parents of the child or any other person who has daily care\nand control of the child must:\n(i) keep the CEO informed about where the child is\nresiding; and\n(ii) allow an authorised officer to have reasonable contact\nwith the child; and\n(b) an authorised officer may, at any reasonable time, enter a\nplace where the child is located to have contact with the child;\nand\n(c) an authorised officer may, at any reasonable time, enter the\nplace where the child ordinarily resides to inquire about the\nspecified matters; and\n(d) the CEO may, by written notice, require a parent of the child or\na person residing with the child to do or refrain from doing a\nspecified thing for the supervision direction.\n(3) The notice must state the reasons for the requirement.\n(4) An authorised officer may use any reasonable force or assistance\nin acting under this section.\n\nCare and Protection of Children Act 2007 78\n","sortOrder":149},{"sectionNumber":"135","sectionType":"section","heading":"Obligations of CEO for order","content":"135 Obligations of CEO for order\n(1) If the protection order gives daily care and control of, or parental\nresponsibility for, the child to the CEO, the CEO:\n(a) must give the parents of the child information about:\n(i) where the child is residing; and\n(ii) any arrangement that has been made for the care of the\n(b) must provide opportunity for the child to have contact with the\nparents and other family members of the child as often as is\nreasonable and appropriate in the circumstances.\n(2) Subsection (1) has effect subject to any contrary direction of the\nCourt.\n","sortOrder":150},{"sectionNumber":"136","sectionType":"section","heading":"Extension of order","content":"136 Extension of order\n(1) The CEO may, before the order ceases to be in force, apply to the\nCourt for the order to be extended for a further specified period.\n(2) The order may be extended more than once.\n(3) This Subdivision applies to an application for an extension of the\norder in the same way as it applies to the application for the order.\n(4) However, in considering the application, the Court may take into\n(a) any contravention of the order by a person; and\n(b) any contravention of this Act in relation to the child by a\n","sortOrder":151},{"sectionNumber":"137","sectionType":"section","heading":"Variation and revocation of order","content":"137 Variation and revocation of order\n(1) Before the order ceases to be in force, a party to the proceedings\nfor the making of the order may apply to the Court for the order to\nbe:\n(a) varied; or\n(b) revoked; or\n(c) revoked and replaced by a new protection order.\n\nCare and Protection of Children Act 2007 79\n(2) However, a parent of the child must not:\n(a) apply for the order to be replaced if the proposed new order\nwill give parental responsibility for the child to a different\n(b) without the leave of the Court – apply for the order to be\nvaried or revoked if a similar application has been decided by\nthe Court.\n(3) The Court may only grant the leave if the Court is satisfied the\nparent has new evidence to present to the Court.\n(4) An application under subsection (1) must be made as if it were an\napplication for a protection order.\n(5) This Subdivision applies to the application with the following\nchanges:\n(a) as soon as practicable after making the application, the\napplicant must give a copy of the application to the CEO and\neach parent of the child (except a parent who is the applicant);\n(b) section 124(1) to (5) do not apply to the CEO, but the CEO\nmust comply with section 124(6) as soon as practicable after\nreceiving the copy of the application;\n(c) in considering the application, the Court may take into\n(i) any contravention of the order by a person; or\n(ii) any contravention of this Act in relation to the child by a\n(6) The Court may revoke the order only if the Court is satisfied the\norder is no longer necessary.\n","sortOrder":152},{"sectionNumber":"137A","sectionType":"section","heading":"Permanent care order","content":"137A Permanent care order\n(1) A permanent care order is an order made by the Court in relation\nto a child, for the period that ends when the child turns 18 years of\nage, that orders that a person have the parental responsibility for\n(2) Only the CEO may apply for a permanent care order.\n\nCare and Protection of Children Act 2007 80\n(3) The CEO may apply to the Court for a permanent care order for a\nchild if the CEO reasonably believes:\n(a) the child would be in need of protection but for the fact that, at\nthe time the application is made, a protection order with a\nlong-term parental responsibility direction giving parental\nresponsibility for the child to the CEO or another specified\nperson (or both) is in force for the child for a period that ends\nimmediately before the child turns 18 years of age; and\n(b) the proposed order is the best means to safeguard the\nwellbeing of the child; and\n(c) the person proposed to be given the parental responsibility for\nthe child has demonstrated the person's suitability to be given\nthat responsibility.\n","sortOrder":153},{"sectionNumber":"137B","sectionType":"section","heading":"Applications","content":"137B Applications\n(1) The application must include the following:\n(a) the proposed order;\n(b) when the order is proposed to have effect;\n(c) why the CEO considers the order is necessary;\n(d) a statement that the person proposed to be given the parental\nresponsibility for the child consents to the making of the order;\n(e) if the CEO considers it appropriate to do so – a request that\nthe permanent care order include a direction authorising the\nchild to travel outside Australia without the consent of the\nchild's parent.\n(2) A care plan for the child must be provided with the application\nunless it is not reasonably practicable to do so.\n(3) If a care plan is not provided with the application the Court may set\na date by which the plan is to be provided to the Court, which must\nnot be more than 21 days after the application is made.\n","sortOrder":154},{"sectionNumber":"137C","sectionType":"section","heading":"Notice of application","content":"137C Notice of application\n(1) As soon as practicable after applying for the order, the CEO must\ngive to each parent of the child and the person proposed to be\ngiven the parental responsibility for the child under the order:\n(a) a copy of the application; and\n\nCare and Protection of Children Act 2007 81\n(i) stating when and where the application is to be heard;\nand\n(ii) providing a list of contact details for local legal service\nproviders; and\n(iii) stating that the application may be heard and decided in\nthe absence of the parent or person.\n(2) The CEO must give a copy of the application and written notice by\npersonally serving them on each parent and the person proposed to\nbe given the parental responsibility for the child under the order.\n(3) If the Court is satisfied that it is impracticable to personally serve\nthe documents mentioned in subsection (1), the Court may order\nthat the documents be served in another manner.\n(4) In deciding whether to make an order under subsection (3) the\nCourt must have regard to the following:\n(a) whether attempts have been made to effect personal service\nand why the attempts were unsuccessful;\n(b) the reasons why personal service is considered impracticable;\n(c) the nature of service proposed;\n(d) the reasons why the proposed method of service is likely to be\nsuccessful;\n(e) whether the proposed method of service is appropriate in the\n(5) The CEO:\n(a) must explain the effect of the application and written notice to\n(b) may give a copy of the application and written notice to the\nchild if the CEO considers it is appropriate to do so having\n","sortOrder":155},{"sectionNumber":"137D","sectionType":"section","heading":"Parties to proceedings","content":"137D Parties to proceedings\n(1) The parents of the child are the respondents in the proceedings for\nthe application.\n\nCare and Protection of Children Act 2007 82\n(2) The other parties to the proceedings are:\n(b) the CEO; and\n(c) the person proposed to be given parental responsibility for the\n","sortOrder":156},{"sectionNumber":"137E","sectionType":"section","heading":"Hearing in absence of parents","content":"137E Hearing in absence of parents\n(1) The Court may hear the application in the absence of a parent of\nthe child if:\n(a) the Court is satisfied that the CEO has given the parent a\nnotice that complies with section 137C(1)(b); or\n(b) the CEO has not given the parent a notice that complies with\nsection 137C(1)(b) but the Court is satisfied the application\nshould be heard in the absence of the parent despite the\nnon-compliance.\n(2) However, subsection (1) does not limit the Court's power to exclude\nthe parent or anyone else from Court proceedings.\n","sortOrder":157},{"sectionNumber":"137F","sectionType":"section","heading":"Order of Court","content":"137F Order of Court\n(a) make a permanent care order for the child as proposed by the\nCEO; or\n(2) If the Court makes a permanent care order, any protection order in\nforce for the child is revoked.\n(3) When making a permanent care order for a child, the Court:\n(a) may, if the application for the order requested a direction\nauthorising the child to travel outside Australia without the\nconsent of a parent of the child, make that direction; and\n(b) must not make any other direction.\n\nCare and Protection of Children Act 2007 83\n","sortOrder":158},{"sectionNumber":"137G","sectionType":"section","heading":"Making permanent care orders","content":"137G Making permanent care orders\nThe Court must make the permanent care order if the Court is\nsatisfied:\n(a) the child would be in need of protection but for the fact that the\nchild is, at the time the order is made in the care of the CEO or\nanother person; and\n(b) the order is the best means to safeguard the wellbeing of the\n(c) the person proposed to be given the parental responsibility for\nthe child under the order has demonstrated the person's\nsuitability to have that responsibility.\n","sortOrder":159},{"sectionNumber":"137H","sectionType":"section","heading":"Court to consider certain matters","content":"137H Court to consider certain matters\nIn making the decision whether or not to make the permanent care\norder, the Court must consider:\n(a) the wishes of the following:\n(ii) a parent of the child;\n(iii) the person proposed to be given parental responsibility\nfor the child under the order;\n(iv) any other person considered by the Court to have a\n(b) any other matters the Court considers relevant.\n","sortOrder":160},{"sectionNumber":"137J","sectionType":"section","heading":"Extraterritoriality","content":"137J Extraterritoriality\nTo avoid doubt, the Court may make a permanent care order for the\nchild even if the circumstances causing the child to be in need of\nprotection occurred:\n(a) outside the Territory or Australia; or\n(b) partly in the Territory or Australia and partly outside the\nTerritory or Australia.\n\nCare and Protection of Children Act 2007 84\n","sortOrder":161},{"sectionNumber":"137K","sectionType":"section","heading":"Duration of order","content":"137K Duration of order\nA permanent care order is in force from when it is made until the\nchild turns 18 years of age unless the Court earlier revokes the\norder under section 137M.\n","sortOrder":162},{"sectionNumber":"137L","sectionType":"section","heading":"Notice of order","content":"137L Notice of order\n(1) As soon as practicable after a permanent care order is made, the\nCEO must give each party to the proceedings (except the child):\n(ii) stating that the party may appeal against the order under\n(2) The CEO may give the copy and notice to a party:\n(3) The CEO may give a copy of the order and notice to the child if the\nCEO considers it appropriate to do so having regard to the child's\n","sortOrder":163},{"sectionNumber":"137M","sectionType":"section","heading":"Revocation of order","content":"137M Revocation of order\n(1) Before the permanent care order expires, the CEO may apply to the\nCourt for the order to be:\n(a) revoked; or\n(b) revoked and replaced by a protection order.\n(2) This Subdivision applies to the application with the following\nchanges:\n(a) as soon as practicable after making the application, the CEO\nmust give a copy of the application to each party to the\nproceedings for the making of the permanent care order;\n\nCare and Protection of Children Act 2007 85\n(b) in considering the application, the Court may take into\n(i) any contravention of the order by a person; or\n(ii) any contravention of this Act in relation to the child by a\n(3) The Court may revoke the order only if the Court is satisfied that to\nrevoke the order is the best means to safeguard the wellbeing of\n(4) If the Court revokes the permanent care order, the Court may:\n(a) simply revoke the order; or\n(b) revoke the order and make a protection order, including any\ndirections the Court considers appropriate.\n","sortOrder":164},{"sectionNumber":"138","sectionType":"section","heading":"Court may adjourn proceeding","content":"138 Court may adjourn proceeding\n(1) The Court may adjourn proceedings for an application for an\nassessment order, a protection order or a permanent care order\n(including an application under section 136 or 137).\n(2) The Court must:\n(a) to the greatest extent possible, avoid granting adjournments;\nand\n(b) may grant adjournments only if the Court considers:\n(i) doing so is in the best interests of the child to whom the\nproceedings relate; or\n(ii) there are other strong reasons for doing so.\n(3) In deciding the period of adjournment, the Court must have regard\nto the principle that it is in the best interests of the child for the\napplication to be decided as soon as possible.\n(4) The Court:\n(a) must state its reasons for the adjournment; and\n(b) may give directions to the parties to the proceedings about\nwhat they must do or refrain from doing during the\nadjournment.\n\nCare and Protection of Children Act 2007 86\n","sortOrder":165},{"sectionNumber":"139","sectionType":"section","heading":"Order on adjournment","content":"139 Order on adjournment\n(1) On granting the adjournment, the Court may make one or more of\nthe following orders:\n(a) an order giving daily care and control of the child:\n(i) to the CEO if the proceedings relate to an assessment\norder; or\n(ii) to the CEO or a family member of the child if the\nproceedings relate to a protection order;\n(b) an order that a report be prepared and filed in the Court about\nthe following persons:\n(ii) the child's family;\n(iii) if the proceedings relate to an application for a\npermanent care order – the person proposed to be given\nparental responsibility for the child under the order;\n(c) an order authorising a medical examination of the child and\nthe filing of a report of the examination in the Court;\n(d) an order restricting the contact between the child and\nspecified persons;\n(e) an order that a mediation conference be convened for the\n(2) Each of the orders has effect during the adjournment.\n(3) The Court may, without limiting what may be addressed by a report\nprepared for subsection (1), specify matters that must be addressed\nby the report.\n(4) The child may refuse to submit to any of the examination mentioned\nin subsection (1)(c) if the child is of sufficient maturity and\nunderstanding to make the decision.\n(5) Without limiting subsection (1)(d), an order mentioned in that\nsubsection may:\n(a) direct a person not to have any direct or indirect contact with\nthe child; or\n\nCare and Protection of Children Act 2007 87\n(b) direct a person not to have any direct or indirect contact with\nthe child except when a specified person or a person\nbelonging to a specified group is present; or\n(c) require the CEO to supervise any contact between the child\nand a specified person.\n(6) The Court must not require the CEO to supervise any contact\nbetween the child and a specified person unless the Court has\nheard submissions from the parties in relation to the requirement.\n(7) Section 127 (which is about mediation conference) applies for\nsubsection (1)(e) in relation to proceedings for an assessment order\nwith any necessary changes.\n","sortOrder":166},{"sectionNumber":"140","sectionType":"section","heading":"Appeal to Supreme Court","content":"140 Appeal to Supreme Court\n(1) A party to any Court proceedings may appeal to the Supreme Court\nagainst any order or decision of the Court (the original decision),\nother than a temporary protection order.\n(2) The appellant must do so by filing a notice of appeal with the\nRegistrar of the Supreme Court within 28 days after the original\ndecision is made.\n(3) The notice must specify:\n(a) the grounds for the appeal; and\n(b) the facts on which the appeal is based.\n(4) The appellant must serve a copy of the notice on each of the other\nparties to the proceedings.\n","sortOrder":167},{"sectionNumber":"141","sectionType":"section","heading":"Stay of decision","content":"141 Stay of decision\n(1) The Supreme Court may stay the original decision to secure the\neffectiveness of the appeal.\n(2) A stay:\n(a) may be given on any conditions specified by the Supreme\nCourt; and\n(b) operates for the period specified by the Supreme Court; and\n(c) may be revoked or amended by the Supreme Court.\n\nCare and Protection of Children Act 2007 88\n(3) However, the period of the stay must not extend beyond the time\nwhen the Supreme Court decides the appeal.\n","sortOrder":168},{"sectionNumber":"142","sectionType":"section","heading":"Hearing appeal","content":"142 Hearing appeal\n(1) An appeal against an assessment order:\n(b) is not limited by the evidence before the Court when the order\nwas made.\n(2) Except as the Supreme Court otherwise directs, an appeal against\nany other order or decision must be decided on the evidence before\nthe Court when the order or decision was made.\n","sortOrder":169},{"sectionNumber":"143","sectionType":"section","heading":"Power of Supreme Court","content":"143 Power of Supreme Court\nThe Supreme Court may:\n(a) confirm the original decision; or\n(b) vary the original decision (unless the original decision was a\npermanent care order); or\n(c) set aside the original decision; or\n(d) set aside the original decision and replace it with a new order\nor decision.\n","sortOrder":170},{"sectionNumber":"143A","sectionType":"section","heading":"Legal representative for child","content":"143A Legal representative for child\n(1) In proceedings under this Act, the Court may order the appointment\nof a legal practitioner to represent a child to whom the proceedings\nrelate if the Court considers doing so is in the best interests of the\n(2) A legal practitioner may represent more than one child in the same\nproceedings unless the Court orders otherwise.\n","sortOrder":171},{"sectionNumber":"143B","sectionType":"section","heading":"Basis of representation","content":"143B Basis of representation\n(1) A legal representative who is appointed on the order of the Court\nfor a child must:\n(a) if subsection (2) applies – act on the instructions of the child;\nor\n\nCare and Protection of Children Act 2007 89\n(b) otherwise:\n(i) act in the best interests of the child regardless of any\ninstructions from the child; and\n(ii) present the views and wishes of the child to the Court.\n(2) This subsection applies:\n(a) if the child is of sufficient maturity and understanding to be\nable to give instructions in relation to the proceedings; and\n(b) to the extent that the child gives instructions.\n(3) For this section, it is presumed, unless the contrary is proved, that:\n(a) a child who is under 10 years of age does not have sufficient\nmaturity and understanding to be able to give instructions in\nrelation to the proceedings; and\n(b) a child who is at least 10 years of age does have sufficient\nmaturity and understanding to be able to give instructions in\nrelation to the proceedings.\n(4) A legal representative for a child must inform the Court whether or\nnot he or she is acting on instructions from the child.\n","sortOrder":172},{"sectionNumber":"143C","sectionType":"section","heading":"Duties of legal practitioner","content":"143C Duties of legal practitioner\n(1) A legal representative for a child must:\n(a) take all reasonable steps to ascertain whether the child is of\nsufficient maturity and understanding to be able to give\ninstructions in relation to the proceedings; and\n(b) take all reasonable steps to:\n(i) if the child is of sufficient maturity and understanding –\nobtain instructions from the child; or\n(ii) otherwise – ascertain the views and wishes of the child\nfor the purposes of section 143B(1)(b)(ii).\n(2) A legal representative for a child must take all reasonable steps to\nactively and professionally represent the child as if the legal\npractitioner had been engaged by the child.\n\nCare and Protection of Children Act 2007 90\n","sortOrder":173},{"sectionNumber":"143D","sectionType":"section","heading":"Duration of appointment","content":"143D Duration of appointment\n(1) A person appointed as the legal representative for a child remains\nthe child's representative until one of the following occurs:\n(a) the proceedings for which the appointment was made are\nfinally concluded;\n(b) with leave of the Court, the legal representative withdraws as\nthe child's representative;\n(c) the Court revokes the appointment.\n(2) For this section, proceedings are finally concluded when one of\nthe following occurs:\n(a) the proceedings are discontinued;\n(b) the Court makes a final order in the proceedings and either:\n(i) the time within which an appeal may be lodged against\nthat order lapses without an appeal being lodged; or\n(ii) if an appeal is lodged within that period – the appeal\nproceedings are finally concluded.\n(3) The Court may revoke the appointment of a legal practitioner as the\nlegal representative for a child at any time if satisfied that:\n(a) the practitioner has failed to perform his or her duty under\nsection 143C; or\n(b) it is otherwise no longer in the best interests of the child for the\npractitioner to represent the child.\n(4) The Court may do so on application by a party or on the Court's\nown initiative.\n","sortOrder":174},{"sectionNumber":"143E","sectionType":"section","heading":"Regulations","content":"143E Regulations\nThe regulations may make provision for any of the following:\n(a) eligibility criteria for appointment under this Division as a legal\nrepresentative for a child;\n(b) responsibilities of, and standards to be met by, legal\nrepresentatives appointed under this Division.\n\nCare and Protection of Children Act 2007 91\n","sortOrder":175},{"sectionNumber":"Div 6B","sectionType":"division","heading":"Legal representation for young parents","content":"Division 6B Legal representation for young parents\n","sortOrder":176},{"sectionNumber":"143F","sectionType":"section","heading":"Definition","content":"143F Definition\nyoung parent means a person who:\n(a) is the parent of a child to whom proceedings under this Part\nrelate; and\n(b) is a child.\n","sortOrder":177},{"sectionNumber":"143G","sectionType":"section","heading":"Legal practitioner may be engaged","content":"143G Legal practitioner may be engaged\n(1) Despite anything to the contrary in the rules made under the Local\nCourt Act 2015, a young parent may engage a legal practitioner to\nrepresent the young parent in proceedings under this Part if the\nyoung parent is of sufficient maturity and understanding to be able\nto give instructions in relation to the proceedings.\n(2) For subsection (1), it is presumed, unless the contrary is proved,\nthat a young parent has sufficient maturity and understanding to be\nable to give instructions in relation to proceedings under this Part.\n(3) Despite subsection (1), a legal practitioner must not represent a\nyoung parent in proceedings under this Part unless the practitioner\nhas taken all reasonable steps to ascertain that the young parent is\nof sufficient maturity and understanding to be able to give\ninstructions in relation to the proceedings.\n","sortOrder":178},{"sectionNumber":"143H","sectionType":"section","heading":"Court may order appointment of litigation guardian","content":"143H Court may order appointment of litigation guardian\nDespite section 143G, the Court may appoint a litigation guardian\nfor a young parent if the Court considers the young parent is not of\nsufficient maturity or understanding to be able to give instructions in\nrelation to the proceedings.\n","sortOrder":179},{"sectionNumber":"144","sectionType":"section","heading":"Application","content":"144 Application\nThis Division applies to any Court proceedings other than\nproceedings for a temporary protection order.\n\nCare and Protection of Children Act 2007 92\n","sortOrder":180},{"sectionNumber":"145","sectionType":"section","heading":"Medical practitioner may disclose information","content":"145 Medical practitioner may disclose information\nSection 12(2) of the Evidence Act 1939 does not apply to the\nNote\nSection 12(2) of the Evidence Act 1939 prohibits the disclosure by a medical\npractitioner of certain information.\n","sortOrder":181},{"sectionNumber":"147","sectionType":"section","heading":"Attendance of child","content":"147 Attendance of child\n(a) order a child to attend the proceedings (whether or not the\nproceedings relate to the child); or\n(b) make any other order in relation to the attendance of the child\nin the proceedings.\n(2) In addition, the Court may make orders in relation to the following:\n(a) taking a written statement from the child;\n(b) presenting to the Court the statement and a report prepared\nunder section 149 for the child.\n(3) The Court may:\n(a) receive the statement and report as evidence; and\n(b) give them the weight the Court considers appropriate.\n(4) However, the Court must have regard to the following when acting\nunder subsection (3):\n(a) the age of the child;\n(b) the intellectual capacity of the child;\n(c) the capacity of the child to understand the duty to speak the\ntruth;\n(d) the extent to which the child may have been influenced by\nanother person in making the statement or giving information\nfor the report.\n(5) The Court must take into account the wishes of the child when\nmaking an order under this section.\n(6) Apart from this section, the child is not required to give evidence in\nany Court proceedings.\n\nCare and Protection of Children Act 2007 93\n","sortOrder":182},{"sectionNumber":"148","sectionType":"section","heading":"Submissions from other persons","content":"148 Submissions from other persons\n(1) The Court may hear submissions from a person:\n(a) who is a family member of the child; or\n(b) whom the Court considers is able to inform the Court on\nmatters relevant to the proceedings.\n(2) A legal practitioner may make the submissions for the person.\n","sortOrder":183},{"sectionNumber":"149","sectionType":"section","heading":"Report required by Court","content":"149 Report required by Court\n(1) The Court may order a report to be prepared about the wellbeing of\n(2) Without limiting subsection (1), the Court may specify in the order\none or more of the following:\n(a) the person who must prepare the report;\n(b) the matters that must be addressed in the report;\n(c) the persons who must give information for the report;\n(d) that the child, a parent of the child or another person be\ninterviewed for the report.\n(3) A person must not contravene the order.\n(5) A person is not civilly or criminally liable, or in breach of any\nprofessional code of conduct, for:\n(a) giving information for the report; or\n(b) preparing the report; or\n(c) giving the report to the Court.\n(6) The Court must, as soon as possible after receiving the report:\n(a) take all reasonable steps to ensure each party to the\nproceedings is given a copy of the report; and\n\nCare and Protection of Children Act 2007 94\n(b) give such other directions about the report as the Court\nconsiders appropriate.\n(7) However, the Court may decide not to give a copy of the report to a\nparty to the proceedings if the Court considers it inappropriate to do\nso in the circumstances.\n","sortOrder":184},{"sectionNumber":"150","sectionType":"section","heading":"Confidentiality","content":"150 Confidentiality\n(1) A person who has a copy of the report must not disclose any\ninformation in it to another person.\n(2) Subsection (1) does not apply if the information is disclosed:\n(a) with the leave of the Court; or\n(b) to the person's legal representative; or\n(c) otherwise for the purposes of this Act.\n","sortOrder":185},{"sectionNumber":"151","sectionType":"section","heading":"Examination and cross-examination of witnesses","content":"151 Examination and cross-examination of witnesses\n(1) A witness may be examined and cross-examined in any Court\nproceedings as the Court considers appropriate.\n(2) If the Court regards a question directed at a witness as offensive,\nthe Court may:\n(a) disallow the question; or\n(b) excuse the witness from answering the question.\n(3) If the Court regards an examination or cross-examination of a\nwitness as oppressive or repetitive, the Court may:\n(a) disallow the examination or cross-examination; or\n(b) excuse the witness from the examination or cross-\nexamination.\n\nCare and Protection of Children Act 2007 95\n","sortOrder":186},{"sectionNumber":"152","sectionType":"section","heading":"Object of Part","content":"152 Object of Part\nThe object of this Part is to enable orders in the nature of protection\norders and related proceedings to be transferred between different\njurisdictions, so that:\n(a) children may be protected under the orders when moving from\none jurisdiction to another; and\n(b) the proceedings may be determined expeditiously.\n","sortOrder":187},{"sectionNumber":"153","sectionType":"section","heading":"Definitions","content":"153 Definitions\nchild protection order, for a child, means a final court order made\nunder a child welfare law, or in force under an interstate law, that:\n(a) is of the same or a similar nature as a protection order; and\n(b) gives responsibility (however described) in relation to the child\nto:\n(i) a Minister of the Crown in right of the Territory or a\nState; or\n(ii) a government department or statutory authority, or the\nchief executive officer (however described) of, or\nsomeone employed or engaged in, the department or\nauthority; or\n(iii) an organisation or the chief executive officer (however\ndescribed) of the organisation.\nchild protection proceeding means a proceeding in a court under\na child welfare law for:\n(a) a finding (however described, and includes a finding that a\nchild is in need of protection) that is a prerequisite to the\nmaking of a child protection order; or\n(b) the making of a child protection order or interim order; or\n(c) the extension, variation or revocation of a child protection\n\nCare and Protection of Children Act 2007 96\nchild welfare law means:\n(a) a law of a State that substantially corresponds to the\nprovisions in Part 2.3 that relate to a protection order; or\n(b) a child welfare law specified by regulation under\nsection 154(1).\nChildren's Court, for a State, means a court that has the\njurisdiction to hear and determine a child protection proceeding at\nfirst instance in the State.\nhome order means a protection order.\nhome proceeding means any proceeding in the Court for the\nmaking of, or relating to, a protection order.\ninterim order means:\n(a) an order made under section 170; or\n(b) an equivalent order made under an interstate law.\ninterstate law means:\n(a) a law of a State that substantially corresponds to the\nprovisions in this Part; or\n(b) an interstate law specified by regulation under section 154(2).\ninterstate officer, for a State, means:\n(a) the person holding or occupying the office or position that has\nthe principal responsibility for the protection of children in the\nState under the child welfare law of the State; or\n(b) the person holding or occupying the office or position specified\nin the regulations under section 154(3) for the State.\nparent, for a child to whom a home order or child protection order\nrelates, includes anyone who would have parental responsibility for\nthe child if the order had not been made.\nparticipating State means a State in which an interstate law is in\nforce.\nsending State means the State from which a child protection order\nor child protection proceeding is transferred under an interstate law.\n\nCare and Protection of Children Act 2007 97\nState means:\n(a) a State or another Territory of the Commonwealth; or\n(b) New Zealand.\nworking day means:\n(a) for a court – a day on which the court's offices are open; or\n(b) for the CEO – a day on which the Department's principal office\nis open.\n","sortOrder":188},{"sectionNumber":"154","sectionType":"section","heading":"Child welfare law, interstate law and interstate officer","content":"154 Child welfare law, interstate law and interstate officer\n(1) A regulation may specify a law of a State that substantially\ncorresponds to the provisions in Part 2.3 that relate to a protection\norder to be a child welfare law.\n(2) A regulation may specify a law of a State that substantially\ncorresponds to the provisions in this Part to be an interstate law.\n(3) A regulation may specify an office or position in a State to be an\noffice or position the holder or occupier of which is the interstate\nofficer of the State.\n","sortOrder":189},{"sectionNumber":"155","sectionType":"section","heading":"When CEO may transfer order","content":"155 When CEO may transfer order\nThe CEO may transfer a home order to a participating State if:\n(a) the child to whom the order relates is residing, or is about to\nreside, in the State; and\n(b) no application has been made for the transfer under\nSubdivision 2; and\n(c) the order is not subject to an appeal and the time for instituting\nan appeal has expired; and\n(d) the CEO considers the wellbeing of the child will not be\nadversely affected by the transfer, having regard to the wishes\nof:\n(i) the child; and\n(ii) each parent of the child; and\n\nCare and Protection of Children Act 2007 98\n(iii) each person who has access to the child under the\norder; and\n(iv) any other person considered by the CEO to have a\n(e) the CEO considers a child protection order having the same or\na similar effect as the home order can be made under the\nchild welfare law of the State; and\n(f) the CEO considers it appropriate for the interstate officer of\nthe State to exercise powers and responsibilities under a child\nprotection order for the child; and\n(g) the interstate officer has consented in writing to the transfer\nand the matters specified by the CEO under section 156 for\nthe transfer; and\n(h) each person whose consent to the transfer is required under\nsection 157 has consented to the transfer.\n","sortOrder":190},{"sectionNumber":"156","sectionType":"section","heading":"Terms of transfer","content":"156 Terms of transfer\n(1) The CEO must specify in the decision the period for which the\ntransferred order is to be in force.\n(2) The period must be the lesser of:\n(a) the period for which the home order would remain in force if it\nis not transferred; and\n(b) the maximum period for which a child protection order of the\nparticipating State that has the same or a similar effect as the\nhome order can be in force in the State.\n(3) The CEO may also specify in the decision provisions to be included\nin the transferred order to the extent to which they can be included\nin a child protection order mentioned in subsection (2)(b).\n","sortOrder":191},{"sectionNumber":"157","sectionType":"section","heading":"Persons whose consent is required","content":"157 Persons whose consent is required\n(1) Consent of each of the following persons to the transfer is required:\n(a) if the CEO considers the child has sufficient maturity and\nunderstanding to give the consent – the child;\n(c) each person who has access to the child under the order.\n\nCare and Protection of Children Act 2007 99\n(2) However, consent from a person mentioned in subsection (1)(b)\nor (c) is not required if:\n(a) the person cannot be found after a reasonable attempt has\nbeen made to find the person; or\n(b) the person is residing, or is about to reside, in the participating\nState.\n(3) In obtaining the consent of a person, the CEO must ensure the\nperson is informed of:\n(a) the person's right to apply under section 159 for a review of\nthe CEO's decision and the time within which the application\nmay be made; and\n(b) the CEO's right to apply to the Court for an order for the\ntransfer of the home order under section 160.\n","sortOrder":192},{"sectionNumber":"158","sectionType":"section","heading":"Notice of decision","content":"158 Notice of decision\n(1) The CEO must give a notice of the decision to transfer the home\norder to each of the following persons:\n(c) each person who has access to the child under the order;\n(d) any other person considered by the CEO to have a direct and\n(2) The CEO must give the notice:\n(a) as soon as practicable; and\n(b) in any case not later than 3 working days after the decision is\nmade.\n(3) The notice must state:\n(a) the date of the decision; and\n(b) details of the order that will apply to the child in the\nparticipating State; and\n\nCare and Protection of Children Act 2007 100\n(c) that the person is entitled to apply for a review of the decision\nunder section 159 and the time within which the application\nmay be made.\n","sortOrder":193},{"sectionNumber":"159","sectionType":"section","heading":"Review of decision","content":"159 Review of decision\n(1) A person to whom the CEO has given a notice of the decision may\napply to the Court for a review of the decision.\n(2) The application must be made within 20 working days after the\nperson receives the notice.\n(3) The review is a review:\n(a) of the merits of the decision; and\n(b) on the grounds specified in the application.\n(4) The application stays the decision until the application is decided.\n(5) The Court may:\n(d) set aside the decision and replace it by the Court's decision.\n","sortOrder":194},{"sectionNumber":"160","sectionType":"section","heading":"When CEO may apply to Court for transfer","content":"160 When CEO may apply to Court for transfer\nThe CEO may apply to the Court for an order transferring a home\norder to a participating State if:\n(a) the child to whom the order relates is residing, or is about to\nreside, in the State; and\n(b) the order is not subject to an appeal and the time for instituting\nan appeal has expired; and\n(c) the CEO considers the wellbeing of the child will not be\nadversely affected by the transfer, having regard to the wishes\nof:\n(i) the child; and\n(ii) each parent of the child; and\n\nCare and Protection of Children Act 2007 101\n(iii) any other person who has access to the child under the\norder; and\n(iv) any other person considered by the CEO to have a\n(d) the CEO considers a child protection order having the same or\na similar effect as the home order can be made under the\nchild welfare law of the State; and\n(e) the CEO considers it appropriate for the interstate officer of\nthe State to exercise powers and responsibilities under a child\nprotection order for the child; and\n(f) the interstate officer has consented in writing to the transfer\nand any of the following matters proposed by the CEO for the\ntransfer:\n(i) the period for which the transferred order is to be in\nforce;\n(ii) provisions to be included in the transferred order; and\n(g) one or more of the following apply:\n(i) a person whose consent to the transfer is required under\nsection 157 has refused or failed to do so;\n(ii) the CEO considers the transferred order should include\nprovisions different from those that are included in the\nhome order;\n(iii) the CEO considers that, if the CEO were to make a\ndecision to transfer the order, a person is likely to apply\nfor a review of the decision under section 159;\n(iv) the CEO otherwise considers it appropriate for the Court\nto decide whether or not to transfer the order.\n","sortOrder":195},{"sectionNumber":"161","sectionType":"section","heading":"Service of application","content":"161 Service of application\nThe CEO must, as soon as practicable after making the application,\ngive a copy of the application to:\nand\n\nCare and Protection of Children Act 2007 102\n(b) each parent of the child; and\n(c) anyone else who was a party to the proceedings relating to\nthe home order (other than the CEO); and\n(d) each person who has access to the child under the order; and\n(e) any other person considered by the CEO to have a direct and\n","sortOrder":196},{"sectionNumber":"162","sectionType":"section","heading":"When Court may hear application","content":"162 When Court may hear application\nThe Court must not hear the application unless:\n(a) the Court is satisfied the CEO is entitled to make the\napplication; and\n(b) the CEO has given the Court a report that includes:\n(i) a history of the care of the child by the CEO; and\n(ii) any criminal history of the child; and\n(iii) details of any sentencing order imposed on the child that\nis in force; and\n(iv) any recommendations by the CEO concerning the\nproposed transfer; and\n(v) any other information prescribed by regulation.\n","sortOrder":197},{"sectionNumber":"163","sectionType":"section","heading":"Court must consider certain matters","content":"163 Court must consider certain matters\nThe Court must not decide the application unless it has considered:\n(a) the report mentioned in section 162(b); and\n(b) all of the following matters:\n(i) the place or likely place of residence for the child and\nother persons mentioned in section 161;\n(ii) how the wellbeing and interests of the child might be\naffected by the transfer;\n(iii) the matters mentioned in section 160(f)(i) and (ii) that\nare proposed by the CEO;\n(iv) whether a child protection order having the same or a\nsimilar effect as the home order can be made under the\nchild welfare law of the participating State;\n\nCare and Protection of Children Act 2007 103\n(v) whether it is appropriate for a child protection order for\nthe child to be in force under the child welfare law of the\nState;\n(vi) whether it is appropriate for the interstate officer of the\nState to exercise powers and responsibilities under the\nchild protection order;\n(vii) wishes expressed by the child;\n(viii) wishes expressed by other persons mentioned in\nsection 161.\n","sortOrder":198},{"sectionNumber":"164","sectionType":"section","heading":"Order of Court","content":"164 Order of Court\n(1) The Court may, by order:\n(a) transfer the home order to the participating State; or\n(2) If the Court transfers the order to the State, the Court must specify\nin the transferred order the period for which it is to be in force.\n(3) The period must not be longer than the maximum period for which a\nchild protection order of the State that has the same or a similar\neffect as the transferred order can be in force in the State.\n(4) The Court may also specify provisions to be included in the\ntransferred order to the extent to which they can be included in a\nchild protection order mentioned in subsection (3).\n(5) However, in specifying the matters mentioned in subsections (2)\nto (4), the Court must be satisfied:\n(a) the transferred order will have the same or a similar effect as\nthe home order; and\n(b) the interstate officer of the State has consented in writing to\nthe matters; and\n(c) the transferred order is in the best interests of the child.\n\nCare and Protection of Children Act 2007 104\n","sortOrder":199},{"sectionNumber":"165","sectionType":"section","heading":"When CEO may apply to Court for transfer","content":"165 When CEO may apply to Court for transfer\nThe CEO may apply to the Court for an order transferring a home\nproceeding to a participating State if:\n(a) the child to whom the proceeding relates is residing, or is\nabout to reside, in the State; and\n(b) the interstate officer of the State has consented in writing to\nthe transfer.\n","sortOrder":200},{"sectionNumber":"166","sectionType":"section","heading":"Service of application","content":"166 Service of application\nThe CEO must, as soon as practicable after making the application,\ngive a copy of the application to:\nand\n(b) each parent of the child; and\n(c) anyone else who was a party to the home proceeding (other\nthan the CEO); and\n(d) each person who has access to the child under an order of the\nCourt; and\n(e) any other person considered by the CEO to have a direct and\n","sortOrder":201},{"sectionNumber":"167","sectionType":"section","heading":"When Court may hear application","content":"167 When Court may hear application\nThe Court must not hear the application unless:\n(a) the Court is satisfied the CEO is entitled to make the\napplication; and\n(b) the CEO has given the Court a report that includes:\n(i) a history of the care of the child by the CEO; and\n(ii) any criminal history of the child; and\n(iii) details of any sentencing order imposed on the child that\nis in force; and\n\nCare and Protection of Children Act 2007 105\n(iv) any recommendations by the CEO concerning the\nproposed transfer; and\n(v) any other information prescribed by regulation.\n","sortOrder":202},{"sectionNumber":"168","sectionType":"section","heading":"Court must consider certain matters","content":"168 Court must consider certain matters\nThe Court must not decide the application unless the Court has\nconsidered:\n(a) the report mentioned in section 167(b); and\n(b) all of the following matters:\n(i) the place of residence or likely place of residence for the\nchild and other persons mentioned in section 166;\n(ii) the place where any of the matters giving rise to the\nproceeding arose;\n(iii) how the wellbeing and interests of the child might be\naffected by the transfer;\n(iv) whether any other proceedings relating to the child are\npending, or have previously been heard and determined,\nunder the child welfare law of the participating State;\n(v) whether it is appropriate for a child protection order for\nthe child to be in force under the child welfare law of the\nState;\n(vi) whether it is appropriate for the interstate officer of the\nState to exercise powers and responsibilities under the\nchild protection order;\n(vii) wishes expressed by the child;\n(viii) wishes expressed by other persons mentioned in\nsection 166.\n","sortOrder":203},{"sectionNumber":"169","sectionType":"section","heading":"Order of Court","content":"169 Order of Court\n(1) The Court may, by order:\n(a) transfer the home proceeding to the participating State; or\n(2) If the Court transfers the proceeding to the State, the proceeding is\ndiscontinued in the Court on the registration of the transfer in the\nChildren's Court of the State under the interstate law.\n\nCare and Protection of Children Act 2007 106\n","sortOrder":204},{"sectionNumber":"170","sectionType":"section","heading":"Interim order","content":"170 Interim order\n(1) If the Court transfers the proceeding to the participating State, the\nCourt may also make an interim order providing for one or more of\n(a) giving daily care and control of, or parental responsibility for,\nthe child to a specified person under specified conditions;\n(b) giving the responsibility for the supervision of the wellbeing of\nthe child to:\n(i) the interstate officer of the State; or\n(ii) any other specified person in the State to whom the\nresponsibility could be given under the child welfare law\n(2) The interim order remains in force for a specified period not\nexceeding 30 days.\n(3) The Children's Court of the State may extend, vary or revoke the\ninterim order under the interstate law of the State.\n","sortOrder":205},{"sectionNumber":"171","sectionType":"section","heading":"Filing of documents for transfer of child protection order","content":"171 Filing of documents for transfer of child protection order\n(1) The CEO must file in the Court:\n(a) a copy of each child protection order transferred to the\nTerritory under an interstate law; and\n(b) the decision or order to transfer the order.\n(2) The CEO must do so as soon as practicable after the decision or\norder is made.\n(3) However, the CEO must not do so if, under the interstate law:\n(a) the decision or order is subject to a review, appeal or stay; or\ndecision or order has not expired.\n\nCare and Protection of Children Act 2007 107\n","sortOrder":206},{"sectionNumber":"172","sectionType":"section","heading":"Filing of documents for transfer of child protection proceeding","content":"172 Filing of documents for transfer of child protection proceeding\n(1) The CEO must file in the Court:\n(a) a copy of each order made under an interstate law to transfer\na child protection proceeding to the Territory; and\n(b) any interim order relating to the proceeding.\n(2) The CEO must do so as soon as practicable after the order to\ntransfer the proceeding is made.\n(3) However, the CEO must not do so if, under the interstate law:\n(a) the order is subject to a review, appeal or stay; or\norder has not expired.\n","sortOrder":207},{"sectionNumber":"173","sectionType":"section","heading":"Registration of transfer","content":"173 Registration of transfer\n(1) A registrar of the Court must register the transfer of a child\nprotection order or child protection proceeding if the CEO files\ndocuments for the transfer under section 171 or 172.\n(2) The registrar must do so in a way decided by the Court.\n","sortOrder":208},{"sectionNumber":"174","sectionType":"section","heading":"Effect of registration","content":"174 Effect of registration\n(1) If the transfer of a child protection order is registered, the\ntransferred order is taken for all purposes to be a home order from\nthe day of the registration.\n(2) If the transfer of a child protection proceeding is registered:\n(a) the proceeding is taken to have commenced in the Court\nunder Part 2.3 on the day of the registration; and\n(b) any interim order filed under section 172(1)(b) relating to the\nproceeding is taken for all purposes to be an order made by\nthe Court from the day of the registration.\n","sortOrder":209},{"sectionNumber":"175","sectionType":"section","heading":"Revocation of registration","content":"175 Revocation of registration\n(1) Any of the following may apply to the Court for the revocation of the\nregistration of the transfer of an order or proceeding under\nsection 173:\n\nCare and Protection of Children Act 2007 108\n(b) if the child to whom the order or proceeding relates is at least\n10 years of age – the child;\n(c) a parent of the child;\n(d) a party to proceedings in the Children's Court of the sending\nState in relation to the order or proceeding.\n(2) A registrar of the Court must, as soon as practicable after the Court\nhas received the application, give a copy of the application to:\n(a) the interstate officer of the sending State; and\n(b) each person mentioned in subsection (1)(a) to (d), other than\nthe person making the application.\n(3) The Court may revoke the registration only if the Court is satisfied,\nat the time of the registration:\n(a) the decision or order to transfer the order or proceeding was\nsubject to a review, appeal or stay under the interstate law of\nthe State; or\n(b) the time for seeking such a review, or instituting an appeal,\nhad not expired.\n(4) If the Court revokes the registration, a registrar of the Court must\narrange for the following to be sent to the Children's Court of the\nState:\n(a) a copy of the revocation;\n(b) a copy of each document filed under section 171 or 172 for\nthe transfer.\n(5) The revocation does not prevent the re-registration of the transfer at\na later time.\n","sortOrder":210},{"sectionNumber":"176","sectionType":"section","heading":"Notification by registrar of Court","content":"176 Notification by registrar of Court\nA registrar of the Court must notify an appropriate officer of the\nChildren's Court of a State and the interstate officer of the State of:\n(a) the registration under section 173 of the transfer from the\nState of an order or proceeding; and\n(b) any revocation of the registration under section 175.\n\nSubdivision 2 Transfer of orders and proceedings from Territory\nCare and Protection of Children Act 2007 109\nSubdivision 2 Transfer of orders and proceedings from Territory\n177 Effect of registration and revocation of home order in receiving\nState\n(1) A home order transferred to a participating State ceases to have\neffect on the registration of the transfer in the Children's Court of\nthe State.\n(2) However, the home order revives on the revocation of the\nregistration under the interstate law of the State.\n(3) The revived order continues to be in force until it would, apart from\nthis Part, have expired.\n","sortOrder":211},{"sectionNumber":"178","sectionType":"section","heading":"Effect of registration and revocation of home proceeding in","content":"178 Effect of registration and revocation of home proceeding in\nreceiving State\n(1) A home proceeding transferred to a participating State is\ndiscontinued on the registration of the transfer in the Children's\nCourt of the State.\n(2) However, on the revocation of the registration under the interstate\nlaw of the State:\n(a) the proceeding continues before the Court; and\n(b) the Court may hear the proceeding as if it had not been\ntransferred.\n","sortOrder":212},{"sectionNumber":"179","sectionType":"section","heading":"Transfer of Court file","content":"179 Transfer of Court file\n(1) On the transfer of a home order or home proceeding to a\nparticipating State, a registrar of the Court must send all documents\nheld by the Court for the order or proceeding to the Children's Court\n(2) However, the registrar must not do so if:\n(a) the decision or order to transfer the order or proceeding is\nsubject to a review, appeal or stay; or\ndecision or order has not expired.\n\nCare and Protection of Children Act 2007 110\n","sortOrder":213},{"sectionNumber":"180","sectionType":"section","heading":"Hearing and determination of transferred proceeding","content":"180 Hearing and determination of transferred proceeding\nIn hearing and determining a child protection proceeding\ntransferred to the Court, the Court:\n(a) may have regard to the transcript of, or any evidence adduced\nin, the proceeding in the Children's Court of the sending State\nthat occurred before the transfer (the previous proceeding);\nbut\n(b) is not bound by any finding of fact made in the previous\nproceeding.\n","sortOrder":214},{"sectionNumber":"181","sectionType":"section","heading":"Disclosure of information","content":"181 Disclosure of information\n(1) This section applies to any information acquired by the CEO in\nexercising powers or performing functions under this Act.\n(2) The CEO may disclose the information to an interstate officer if the\nCEO considers the disclosure is necessary for the officer to\nexercise a power or to perform a function under a child welfare law\nor interstate law.\n","sortOrder":215},{"sectionNumber":"182","sectionType":"section","heading":"Discretion of CEO to consent to transfer","content":"182 Discretion of CEO to consent to transfer\n(1) If there is a proposal to transfer a child protection order to the\nTerritory under an interstate law, the CEO may:\n(a) consent or refuse to consent to the transfer; or\n(b) consent or refuse to consent to:\n(i) the period for which the order is to be in force; and\n(ii) the provisions to be included in the order.\n(2) If there is a proposal to transfer a child protection proceeding to the\nTerritory under an interstate law, the CEO may consent or refuse to\nconsent to the transfer.\n","sortOrder":216},{"sectionNumber":"183","sectionType":"section","heading":"Interstate officer's decision not reviewable","content":"183 Interstate officer's decision not reviewable\nAn interstate officer's consent or refusal to consent to the transfer of\na home order from the Territory does not give rise to any of the\nfollowing proceedings against the officer:\n(a) proceedings for the grant of any relief or remedy in the nature\nof certiorari, prohibition, mandamus or quo warranto;\n\nCare and Protection of Children Act 2007 111\n(b) proceedings for the grant of a declaration or an injunction\n(whether on the ground of absence of jurisdiction or any other\nground).\nPart 2.5 Prenatal support\n","sortOrder":217},{"sectionNumber":"183A","sectionType":"section","heading":"Prenatal support","content":"183A Prenatal support\nIf the CEO believes on reasonable grounds that an unborn child\nmay be a child in need of protection after the child is born, the CEO\nmay, only with the consent of the person who is pregnant with the\nunborn child, do any of the following:\n(a) refer the pregnant person and any person who may be\ninvolved in caring for the unborn child when it is born to a\nprovider of prenatal or child-related services for advice,\nservices and support;\n(b) provide or arrange voluntary support services for the pregnant\nperson and any person who may be involved in caring for the\nunborn child when it is born.\n","sortOrder":218},{"sectionNumber":"183B","sectionType":"section","heading":"Providing information for national database","content":"183B Providing information for national database\n(1) The CEO may share any information acquired by the CEO in\nexercising powers or performing functions under this Act in a\ndatabase that enables States and the Territory to share information\nrelated to the safety and wellbeing of children if the CEO is satisfied\nthat the information in the database will only be used for an\ninterstate officer to exercise powers or perform functions under a\nchild welfare law.\nchild welfare law means a law of a State that substantially\ncorresponds to the provisions in Part 2.3 that relate to a protection\ninterstate officer, for a State, means the person holding or\noccupying the office or position that has the principal responsibility\nfor the protection of children in the State under the child welfare law\nState means:\n(a) a State or another Territory of the Commonwealth; or\n\nCare and Protection of Children Act 2007 112\n(b) New Zealand.\n\nCare and Protection of Children Act 2007 113\n","sortOrder":219},{"sectionNumber":"184","sectionType":"section","heading":"Object of Part","content":"184 Object of Part\n(1) The object of this Part is to ensure individuals who pose an\nunacceptable risk of harm or exploitation to children are prevented\nfrom contacting children through their employment.\n(2) The object is to be achieved by:\n(a) prohibiting such individuals from being engaged in child-\nrelated employment; and\n(b) imposing related obligations on people:\n(i) who are engaged in child-related employment; or\n(ii) who engage others in child-related employment.\n","sortOrder":220},{"sectionNumber":"185","sectionType":"section","heading":"Child-related employment","content":"185 Child-related employment\n(1) A person is engaged in child-related employment if the person is\nengaged to perform child-related work.\n(2) Child-related work is any work that involves or may potentially\ninvolve contact with children in connection with any of the following:\n(a) child protection services provided by or for the Department;\n(b) an education and care service operated under the Education\nand Care Services National Law (NT);\n(c) an educational facility for children, including a government\nschool established under the Education Act 2015 and a school\nregistered under Part 7 of that Act, other than a facility\nprescribed by regulation;\n(d) juvenile detention centres;\n(e) refuges or other residential facilities used by children;\n(f) wards of hospitals or any other facilities for health services in\nwhich children are ordinarily patients;\n(g) clubs, associations or movements (including those that are of\na cultural, recreational or sporting nature) with significant child\nmembership or involvement;\n\nCare and Protection of Children Act 2007 114\n(h) religious organisations;\n(i) babysitting or childminding services;\n(j) fostering of children;\n(k) transportation services for children;\n(l) private tuition services for children;\n(m) counselling or other support services for children;\n(n) overnight camps for children;\n(o) road crossing services for school children;\n(p) any of the following services, activities or facilities that are\nprovided or arranged for children:\n(i) gym or play facilities;\n(ii) photographic services;\n(iii) talent or beauty competitions;\n(iv) entertainment or party services;\n(q) any other services, activities or facilities prescribed by\nregulation.\n(3) A person may be engaged in child-related employment under a\ncontract of employment or any other contract or arrangement\n(whether written or unwritten and whether for a reward or not).\n(4) Anyone who enters into such a contract or arrangement for a\nperson or body to perform child-related work must be regarded as\nsomeone who engages the person or body in child-related\nemployment.\n(5) Without limiting subsections (1) to (4), any of the following is a\nperson engaged in child-related employment:\n(a) anyone performing child-related work:\n(i) as a minister of religion or as part of a religious vocation;\nor\n(ii) as a student for the practical training of an educational or\nvocational course; or\n(iii) as a voluntary worker;\n\nCare and Protection of Children Act 2007 115\n(b) if a body is engaged to perform child-related work, any of the\n(i) for a body corporate as defined in the Corporations\nAct 2001 – an officer of the body corporate as defined in\nthat Act;\n(ii) for any other body corporate – anyone (however\ndescribed) who takes part in the management of the\nbody corporate;\n(iii) for any unincorporated body or association – a member\nof the committee of management (however described) of\nthe body or association;\n(c) if a partnership is engaged to perform child-related work – a\npartner in the partnership.\n","sortOrder":221},{"sectionNumber":"186","sectionType":"section","heading":"Person exempt from operation of Part","content":"186 Person exempt from operation of Part\nDespite section 185, an individual is not engaged in child-related\nemployment if:\n(a) the individual:\n(i) is engaged as a voluntary worker in a capacity covered\nby section 185(2)(b), (c) or (g) (other than for work\nrequiring overnight stay); and\n(ii) is a parent of at least one of the children with whom the\nindividual may have contact as such a worker; and\n(iii) performs work as such a worker under the direct\nsupervision of someone who holds a clearance notice\nthat is in force; and\n(iv) is not required by the person who engages the individual\nas such a worker to hold a clearance notice; or\n(b) the individual is less than 15 years of age; or\n(c) the individual:\n(i) is not a resident of the Territory; and\n(ii) is engaged as a voluntary worker to perform child-\nrelated work; and\n(iii) is so engaged for a total period that does not exceed the\nlimit prescribed by regulation; or\n\nCare and Protection of Children Act 2007 116\n(d) the individual is exempt under the regulations.\n","sortOrder":222},{"sectionNumber":"187","sectionType":"section","heading":"Obligations for child-related employment","content":"187 Obligations for child-related employment\n(1) An individual engaged in child-related employment must hold a\nclearance notice that is in force.\n(2) A person must not engage an individual in child-related\nemployment unless the individual holds a clearance notice that is in\nforce.\n(3) A person must not contravene subsection (1) or (2).\nMaximum penalty: 500 penalty units.\n(4) An individual and someone (the employer) who engages or\nproposes to engage the individual in child-related employment are\nnot required to comply with subsections (1) and (2) for the\nengagement if:\n(a) an application for a clearance notice for the individual has\nbeen made but the Authority has not decided the application;\nand\n(b) a period of exemption specified by the CEO for the individual\nand employer has not expired.\n(5) The CEO may specify the period only if:\n(a) the employer:\n(i) has applied to the CEO for the exemption in the\napproved form; and\n(ii) has given any additional information for the application\nrequested by the CEO; and\n(b) the CEO considers it appropriate to grant the exemption\nhaving regard to the circumstances of the engagement\n(including any practice of the employer to safeguard the\nchildren concerned).\n(6) The period may be extended by the CEO as the CEO considers\nappropriate.\n","sortOrder":223},{"sectionNumber":"188","sectionType":"section","heading":"Application for clearance notice","content":"188 Application for clearance notice\n(1) Any of the following may apply to the Authority for the issue of a\nclearance notice to an individual (the candidate):\n(a) the candidate;\n\nCare and Protection of Children Act 2007 117\n(b) a person who engages, or proposes to engage, the candidate\nin child-related employment.\n(2) The application must be:\n(a) in the approved form; and\n(b) accompanied by any proof of the identity of the candidate\nrequired by regulation; and\n(c) accompanied by a statement of the candidate that:\n(i) if the applicant is not the candidate – authorises the\nmaking of the application; and\n(ii) authorises the Commissioner of Police and anyone\nprescribed by regulation to give information about the\ncandidate to the Authority.\n(3) The candidate must give the Authority any additional information for\nthe application requested by the Authority.\n","sortOrder":224},{"sectionNumber":"189","sectionType":"section","heading":"Decisions on application","content":"189 Decisions on application\n(1) If the candidate has been convicted of an offence, or has a criminal\nhistory, that is prescribed by regulation, the Authority:\n(a) must not issue a clearance notice to the candidate; and\ndecision to the candidate and the applicant for the clearance\nnotice (if the applicant is not the candidate).\n(2) If subsection (1) does not apply, the Authority must, having regard\nto the administrative guidelines, decide whether the candidate\nposes an unacceptable risk of harm or exploitation to children.\n(3) If the Authority decides the candidate does not pose such a risk, the\nAuthority:\n(a) must issue a clearance notice to the candidate; and\ndecision to the candidate and applicant.\n(4) If the Authority decides the candidate poses such a risk, the\nAuthority:\n(a) must not issue a clearance notice to the candidate; and\n\nCare and Protection of Children Act 2007 118\ndecision to the candidate and applicant.\n(5) A notice of the Authority's decision must:\n(a) be in the approved form; and\n(b) be accompanied by the reasons for the decision; and\n(c) for a decision under subsection (1) or (4), state:\n(i) that the candidate and applicant are entitled to apply for\na review of the decision under section 194; and\n(ii) the time within which the application may be made.\n(6) Without limiting subsection (1), the regulations may prescribe for\nthe subsection an offence that is a sexual offence.\n","sortOrder":225},{"sectionNumber":"190","sectionType":"section","heading":"Provision of information","content":"190 Provision of information\n(1) Despite any law of the Territory:\n(a) for the purpose of determining an application under\nsection 188, the Commissioner of Police, the CEO and any\nother person may give the Authority any information held by\nthem about any of the following:\n(i) the candidate's engagement with the Agency under this\nAct;\n(ii) any order imposed on the candidate by a court under\nthis Act, the Domestic and Family Violence Act 2007 or\nthe Personal Violence Restraining Orders Act 2016;\n(iii) the candidate's criminal history; and\n(b) the Authority may collect and maintain the information.\n(2) A person acting in good faith in giving the information is not civilly or\ncriminally liable, or in breach of any professional code of conduct,\nfor giving the information.\n(3) If a charge or conviction is expunged under the Expungement of\nHistorical Homosexual Offence Records Act 2018 or Part XI,\nDivision 18, of the Criminal Code:\n(a) the person is to be treated under this Act as if the person had\nnever committed or been charged with, prosecuted for,\nconvicted of or sentenced for the offence; and\n\nCare and Protection of Children Act 2007 119\n(b) subsections (1) and (2) do not apply in respect of the\nexpunged charge or conviction.\n","sortOrder":226},{"sectionNumber":"191","sectionType":"section","heading":"Administrative guidelines","content":"191 Administrative guidelines\n(1) The CEO may make administrative guidelines for the making of a\ndecision by the Authority.\n(2) Without limiting subsection (1), the guidelines may provide for:\n(a) matters the Authority must take into account in making the\ndecision; and\n(b) how those matters may be taken into account.\n(3) Without limiting subsection (2), the guidelines may provide for one\nor more of the following to be taken into account in deciding\nwhether or not to issue a clearance notice to a person:\n(a) the whole of the person's criminal history;\n(b) in relation to any offence the person has committed:\n(i) the nature and gravity of the offence; and\n(ii) the relevance of the offence to any child-related\nemployment; and\n(iii) the age of the victim when the offence was committed;\nand\n(iv) the time that has elapsed since the commission of the\noffence;\n(c) in relation to any alleged commission of an offence by the\nperson – the risk of harm or exploitation to children posed by\nthe person in view of the allegation and other related\ncircumstances (including any patterns of the person's\nbehaviour);\n(d) any other matters the Authority may reasonably take into\naccount in the circumstances.\n(4) The CEO must, by Gazette notice, notify the making of the\nguidelines.\n\nCare and Protection of Children Act 2007 120\n","sortOrder":227},{"sectionNumber":"192","sectionType":"section","heading":"When clearance notice ceases to be in force","content":"192 When clearance notice ceases to be in force\n(1) A clearance notice ceases to be in force:\n(a) at the end of 2 years, or a longer period specified by\nregulation, after the notice is issued; or\n(b) if it is revoked at an earlier time – at that time.\n(2) The Authority may revoke the notice if:\n(a) the Authority becomes aware of any information that:\n(i) was not available to the Authority when the notice was\nissued; and\n(ii) would have resulted in a decision not to issue the notice\nif it had been available to the Authority at that time; or\n(b) the Authority considers the person holding the notice is no\nlonger entitled to be issued the notice because of a change in\nthe person's circumstances.\n(3) If the Authority revokes the notice, the Authority must give notice of\nthe revocation and the reasons for the revocation to:\n(a) the person; and\n(b) the applicant for the clearance notice (if the applicant was not\nthe person).\n(4) The notice of the revocation must state:\n(a) that the person and applicant are entitled to apply for a review\nof the decision under section 194; and\n(b) the time within which the application may be made.\n(5) In addition, the Authority may give written notice of the revocation to\nanyone who engages or proposes to engage the person in\n","sortOrder":228},{"sectionNumber":"193","sectionType":"section","heading":"Change of circumstances requiring imposition of conditions","content":"193 Change of circumstances requiring imposition of conditions\n(1) A person holding a clearance notice that is in force must, as soon\nas practicable after a change of circumstances prescribed by\nregulation has occurred, give written notice of the change to:\n(a) the Authority; and\n\nCare and Protection of Children Act 2007 121\n(b) everyone who engages or proposes to engage the person in\n(2) After becoming aware of the change (whether because of\nsubsection (1) or not), the Authority may specify conditions for the\nclearance notice by notice given to the following:\n(a) the person;\n(b) the applicant for the clearance notice (if the applicant was not\nthe person);\n(c) anyone who engages or proposes to engage the person in\n(3) The Authority must have regard to the administrative guidelines\nwhen giving the notice.\n(4) The notice must:\n(a) be accompanied by the Authority's reasons for specifying the\nconditions; and\n(b) state that the person and applicant are entitled to apply for a\nreview of the decision under section 194; and\n(c) the time within which the application may be made.\n(5) Without limiting subsection (2), the Authority may specify any of the\nfollowing conditions for the clearance notice under that subsection:\n(a) that the person must not be engaged in child-related\nemployment for a specified period;\n(b) that the person must not be engaged in a specified class of\nchild-related employment for a specified period;\n(c) that the person may be engaged in child-related employment\nor a specified class of child-related employment only under\nspecified conditions.\n(6) A person must not contravene any of the specified conditions.\n(7) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant has a reasonable excuse.\n\nCare and Protection of Children Act 2007 122\n","sortOrder":229},{"sectionNumber":"194","sectionType":"section","heading":"Local Court may review decision of Authority","content":"194 Local Court may review decision of Authority\n(1) Any of the following decisions about a clearance notice may be\nreviewed under this section:\n(a) a decision under section 189(1) or (4) not to issue the notice;\n(b) a decision under section 192(2) to revoke the notice;\n(c) a decision under section 193(2) to specify conditions for the\nnotice;\n(d) any other decision of the Authority about the notice specified\nby regulation.\n(2) An application for the review may be made by any of the following\npersons:\n(a) for a decision mentioned in subsection (1)(a) – the candidate\nor the applicant for the notice;\n(b) for any other decision – the person holding, or the applicant\nfor, the notice.\n(3) The application must be made to the Local Court within 28 working\ndays after the person is notified of the decision.\n(4) The application does not affect the operation or implementation of\nthe decision.\n(5) However, the Local Court may make another decision staying or\notherwise affecting the operation or implementation of so much of\nthe decision as it considers appropriate to effectively decide the\napplication.\n(6) A decision made under subsection (5):\n(a) is subject to the conditions specified by the Local Court; and\n(b) has effect:\n(i) for the period specified by the Local Court; and\n(ii) if no period is specified by the Local Court – until the\napplication is decided.\n(7) The review:\n(b) is not limited by the material before the Authority.\n\nCare and Protection of Children Act 2007 123\n(8) The Local Court may:\n(d) set aside the decision and replace it by the Local Court's\ndecision.\n(9) The Local Court may make any order about costs.\n","sortOrder":230},{"sectionNumber":"195","sectionType":"section","heading":"Confidential information","content":"195 Confidential information\n(1) A person who has acquired information in exercising a power or\nperforming a function under this Part is guilty of an offence if the\nperson:\n(a) discloses the information to someone; or\n(b) does something that results in disclosing the information to\nsomeone and is reckless as to whether doing the thing would\nresult in the disclosure; or\n(c) uses the information.\n(2) Subsection (1) does not apply to:\n(a) a disclosure or use of the information by the person in\nexercising a power or performing a function under this Part; or\n(b) a disclosure of the information to a court or tribunal; or\n(c) a disclosure or use of the information that is otherwise\nrequired or authorised by law.\n","sortOrder":231},{"sectionNumber":"196","sectionType":"section","heading":"Screening Authority","content":"196 Screening Authority\n(1) There is to be a Screening Authority.\n(2) The Authority consists of one or more members appointed by the\nMinister.\n\nCare and Protection of Children Act 2007 124\n","sortOrder":232},{"sectionNumber":"197","sectionType":"section","heading":"Regulations","content":"197 Regulations\nThe regulations may make provision, consistent with this Part,\nabout the following:\n(a) any matters relating to a clearance notice;\n(b) the appointment of the members of the Authority;\n(c) the procedure for the making of a decision by the Authority;\n(d) any other matters arising from the operation of this Part.\n","sortOrder":233},{"sectionNumber":"198","sectionType":"section","heading":"Objects of Part","content":"198 Objects of Part\nThe objects of this Part are:\n(a) to prevent the exploitation of children in their employment; and\n(b) to ensure the wellbeing of children who are in employment.\n","sortOrder":234},{"sectionNumber":"199","sectionType":"section","heading":"Interaction with Education Act 2015","content":"199 Interaction with Education Act 2015\nThis Part does not affect the operation of section 163 of the\nEducation Act 2015.\n","sortOrder":235},{"sectionNumber":"200","sectionType":"section","heading":"Definitions","content":"200 Definitions\nemploy, for a child, means to engage the child to perform work\nunder a contract of employment or any other contract or\narrangement (whether written or unwritten and whether for a reward\nor not).\nemployer, of a child, means a person who employs the child.\n","sortOrder":236},{"sectionNumber":"201","sectionType":"section","heading":"CEO's power to restrict employment of children","content":"201 CEO's power to restrict employment of children\n(1) This section applies if:\n(a) a child is employed; and\n(b) the CEO is of the opinion that:\n(i) the child suffers, or is likely to suffer, exploitation\nbecause of the employment; or\n\nCare and Protection of Children Act 2007 125\n(ii) the wellbeing of the child is, or is likely to be, jeopardised\nbecause of the employment.\n(2) The CEO may, by written notice given to a parent of the child:\n(a) prohibit the child from being so employed; or\n(b) prohibit the child from employment generally; or\n(c) prohibit the child from specified types of employment; or\n(d) impose specified conditions on the employment of the child\n(whether generally or in relation to specified types of\nemployment).\n(3) A parent of the child must not permit or require the child to be\nemployed in contravention of the notice.\n(5) The CEO:\n(a) must give a copy of the notice to the child; and\n(b) may give a copy of the notice to an employer of the child.\n(6) An employer of the child who is given a copy of the notice must\ncomply with the notice.\n(7) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant has a reasonable excuse.\n(8) The notice must:\n(a) be accompanied by the reasons of the CEO's decision; and\n(b) state that a parent of the child is entitled to apply for a review\nof the decision under section 206 and the time within which\nthe application may be made.\n","sortOrder":237},{"sectionNumber":"202","sectionType":"section","heading":"Misleading information about child's age","content":"202 Misleading information about child's age\n(1) This section applies if a person employs, or is considering\nemploying, a child.\n\nCare and Protection of Children Act 2007 126\n(2) A parent of the child:\n(a) must not give the person any information about the child's age\nthat the parent knows to be misleading in a material particular;\nor\n(b) must not permit or require the child to give the person any\ninformation that the parent knows to be misleading in a\nmaterial particular.\n","sortOrder":238},{"sectionNumber":"203","sectionType":"section","heading":"Obligation of employers and parents","content":"203 Obligation of employers and parents\n(1) An employer of a child is guilty of an offence if:\n(a) the employer requires the child to perform any work at any\ntime after 10 pm at night and before 6 am in the morning; and\n(b) the child is less than 15 years of age.\nMaximum penalty: 400 penalty units.\n(2) An employer of a child must not require the child to perform any\nwork that is harmful, or likely to be harmful, to the child's physical,\nmental or emotional wellbeing.\n(3) An employer of a child must not require the child to perform any\nwork that involves the exploitation of the child.\nMaximum penalty: 800 penalty units or imprisonment for\n4 years.\n(4) A parent of a child is guilty of an offence if:\n(a) the parent permits or requires the child to perform any work at\nany time after 10 pm at night and before 6 am in the morning;\nand\n(b) the child is less than 15 years of age.\n\nCare and Protection of Children Act 2007 127\n(5) A parent of a child must not permit or require the child to perform\nany work that is harmful, or likely to be harmful, to the child's\nphysical, mental or emotional wellbeing.\n(6) A parent of a child must not permit or require the child to perform\nany work that involves the exploitation of the child.\nMaximum penalty: 800 penalty units or imprisonment for\n4 years.\n","sortOrder":239},{"sectionNumber":"204","sectionType":"section","heading":"Inspections","content":"204 Inspections\n(1) This section applies if an authorised officer reasonably believes that\na child is employed at a place.\n(1A) For the purposes of monitoring compliance with this Part, the officer\nmay, at any reasonable time, do one or more the following:\n(a) enter the place;\n(b) inspect the place and any facilities at the place;\n(c) require any person at the place to give specified information,\nor produce specified records, to the officer;\n(d) operate any electronic equipment at the place to retrieve\ninformation or records;\n(e) make extracts or copies of the records produced or retrieved\nunder paragraph (c) or (d).\n(2) A person must comply with a requirement given to the person for\nsubsection (1A)(c).\nsubsection (2) if the defendant has a reasonable excuse.\n(4) If the officer enters the place without producing the officer's identity\ncard when requested to do so:\n(a) the officer may not stay at the place; and\n(b) a person is not required to comply with a requirement given to\nthe person for subsection (1A)(c).\n\nCare and Protection of Children Act 2007 128\n","sortOrder":240},{"sectionNumber":"205","sectionType":"section","heading":"Authorised officer may require provision of information","content":"205 Authorised officer may require provision of information\n(1) An authorised officer may, by written notice, require a person who\nemploys a child to give the officer specified information about the\nemployment.\n(2) The person must comply with the requirement within 14 days after\nreceiving the notice.\nsubsection (2) if the defendant has a reasonable excuse.\n","sortOrder":241},{"sectionNumber":"206","sectionType":"section","heading":"Local Court may review decision","content":"206 Local Court may review decision\n(1) A parent of a child in relation to whom a notice is given by the CEO\nunder section 201(2) may apply for a review of the decision in the\nnotice.\n(2) The application must be made to the Local Court within 28 working\ndays after the parent is given the notice.\n(3) The application does not affect the operation or implementation of\nthe decision.\n(4) However, the Local Court may make another decision staying or\notherwise affecting the operation or implementation of so much of\nthe decision as it considers appropriate to effectively decide the\napplication.\n(5) A decision under subsection (4):\n(a) is subject to the conditions specified by the Local Court; and\n(b) has effect:\n(i) for the period specified by the Local Court; and\n(ii) if no period is specified by the Local Court – until the\napplication is decided.\n(6) The review:\n(b) is not limited by the material before the CEO.\n\nCare and Protection of Children Act 2007 129\n(7) The Local Court may:\n(d) set aside the decision and replace it by the Local Court's\ndecision.\n(8) The Local Court may make any order about costs.\n","sortOrder":242},{"sectionNumber":"207","sectionType":"section","heading":"Object of Part","content":"207 Object of Part\nThe object of this Part is to assist in the prevention and reduction of\nchild deaths through:\n(a) maintaining a database on child deaths; and\n(b) conducting research about child deaths, and diseases and\naccidents involving children; and\n(c) the development of appropriate policy to deal with such\ndeaths, diseases and accidents.\n","sortOrder":243},{"sectionNumber":"208","sectionType":"section","heading":"Child deaths","content":"208 Child deaths\nA child death is:\n(a) the death of a child who usually resided in the Territory\n(whether the death occurred in the Territory or not); or\n(b) a still-birth as defined in the Births, Deaths and Marriages\nRegistration Act 1996 that occurred in the Territory.\n","sortOrder":244},{"sectionNumber":"209","sectionType":"section","heading":"Establishment of Committee","content":"209 Establishment of Committee\n(1) There is to be a Child Deaths Review and Prevention Committee.\n(2) The Committee consists of at least 10 but not more than\n16 members.\n(3) Each member must be:\n(a) someone who has qualifications or experience relating to the\nfunctions of the Committee; and\n\nCare and Protection of Children Act 2007 130\n(b) appointed by the Minister in writing for a term not exceeding\n(4) The Minister must:\n(a) appoint one member to be the Convenor of the Committee;\nand\n(b) appoint another member to be the Deputy Convenor of the\nCommittee.\n(5) At least 2 members must be Aboriginal persons.\n(6) One member must be a deputy coroner nominated by the Territory\nCoroner for this section.\n(7) A member is eligible for re-appointment.\n(8) In this section:\ndeputy coroner means a deputy coroner as defined in the\nCoroners Act 1993.\nTerritory Coroner means the Territory Coroner as defined in the\nCoroners Act 1993.\n","sortOrder":245},{"sectionNumber":"210","sectionType":"section","heading":"Functions of Committee","content":"210 Functions of Committee\nThe Committee has the following functions:\n(a) to establish and maintain the Child Deaths Register;\n(b) to conduct or sponsor research into child deaths, diseases\nand accidents involving children, and other related matters\n(such as childhood morbidity and mortality), whether alone or\nwith others;\n(c) to raise public awareness about a matter mentioned in\nparagraph (b), including, for example, any of the following:\n(i) the death rate of children;\n(ii) the causes and nature of child deaths and of diseases\nand accidents involving children;\n(iii) the prevention or reduction of such deaths, diseases and\naccidents;\n(d) to make recommendations about a matter mentioned in\nparagraph (b);\n\nCare and Protection of Children Act 2007 131\n(e) to monitor the implementation of the recommendations;\n(f) to contribute to any national database on child deaths in\nAustralia;\n(g) to enter into an arrangement for the sharing of information with\nanyone in Australia that has functions similar to those of the\nCommittee;\n(h) to perform any other functions relating to the object of this\nPart as the Minister directs.\n","sortOrder":246},{"sectionNumber":"211","sectionType":"section","heading":"Provision of information to Committee","content":"211 Provision of information to Committee\n(1) Any of the following persons must, on the Committee's request,\ngive specified information to the Committee for any of its functions:\n(a) the Commissioner of Police;\n(b) the Registrar of Births, Deaths and Marriages;\n(c) a coroner;\n(d) a service provider for a vulnerable child;\n(e) a health practitioner;\n(f) a person in charge of a facility for health services in which\nchildren are ordinarily patients;\n(g) an operator of child-related services;\n(h) an approved provider of an education and care service\nLaw (NT).\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if:\n\nCare and Protection of Children Act 2007 132\n(3) A person acting in good faith in giving information to the Committee\nis not civilly or criminally liable, or in breach of any professional\ncode of conduct, for giving the information.\n","sortOrder":247},{"sectionNumber":"212","sectionType":"section","heading":"Child Deaths Register","content":"212 Child Deaths Register\n(1) There is to be a Child Deaths Register.\n(2) The Register is a database of information concerning child deaths.\n(3) Without limiting subsection (2), the Register may include\ninformation on:\n(a) incidences of child deaths; and\n(b) the causes, patterns and trends of child deaths.\n","sortOrder":248},{"sectionNumber":"213","sectionType":"section","heading":"Annual report","content":"213 Annual report\n(1) At the end of each financial year, the Committee must prepare a\nreport about the operation of the Committee during that year.\n(2) The report must contain details about:\n(a) the Committee's activities during that year, including:\n(i) the development of the Register during that year; and\n(ii) any recommendations made by the Committee during\nthat year; and\n(b) the implementation during that year of any recommendations\nmade by the Committee.\n(3) The Committee must, by 31 October following the end of that year,\ngive the report to the Minister.\n(4) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after receiving the report.\n","sortOrder":249},{"sectionNumber":"214","sectionType":"section","heading":"Report about research","content":"214 Report about research\n(1) The Committee may prepare reports about research conducted or\nsponsored by the Committee (whether alone or with others).\n\nCare and Protection of Children Act 2007 133\n(2) The Committee must give the reports to the Minister.\n(3) The Minister must table a copy of each of the reports in the\nLegislative Assembly within 6 sitting days after receiving the report.\n","sortOrder":250},{"sectionNumber":"215","sectionType":"section","heading":"Advisors to Committee","content":"215 Advisors to Committee\n(1) The Minister may, on the Convenor's recommendation, appoint\npersons to be advisors to the Committee.\n(2) The Convenor may only recommend a person who has\nqualifications or experience relating to:\n(a) a function of the Committee; or\n(b) health care, child development or protection, or research\nmethodology.\n(3) An advisor may be appointed for:\n(a) the duration of a project specified in the appointment; or\n(b) a term not exceeding 2 years specified in the appointment.\n(4) An advisor is eligible, on the recommendation of the Convenor, for\nre-appointment.\n(5) An advisor must assist the Committee in performing the\nCommittee's functions as specified in the appointment.\n(6) Without limiting subsection (5), the appointment may specify that\nthe advisor must conduct specified research.\n","sortOrder":251},{"sectionNumber":"216","sectionType":"section","heading":"Deputy Convenor","content":"216 Deputy Convenor\nThe Deputy Convenor must act in the office of Convenor if:\n(a) the Convenor is unable to exercise the Convenor's powers or\nperform the Convenor's functions; or\n(b) the office of Convenor is vacant.\n","sortOrder":252},{"sectionNumber":"217","sectionType":"section","heading":"Vacation of office of member or advisor","content":"217 Vacation of office of member or advisor\nA member or advisor vacates his or her office if:\n(a) the term of the appointment of the member or advisor expires;\nor\n(b) the member or advisor resigns the office in writing given to the\nMinister; or\n\nCare and Protection of Children Act 2007 134\n(c) the appointment is terminated under section 218; or\n(d) the member or advisor dies.\n","sortOrder":253},{"sectionNumber":"218","sectionType":"section","heading":"Termination of appointment","content":"218 Termination of appointment\n(1) The Minister must terminate a person's appointment as a member\nor advisor if:\n(a) the person contravenes section 221; or\n(b) for a person appointed as a member:\n(i) the person has been absent (except on leave granted by\nthe Minister) from 3 consecutive meetings of the\nCommittee; or\n(ii) the person contravenes section 220.\n(2) In addition, the Minister may terminate the appointment:\n(a) on the ground of misbehaviour; or\n(b) on the ground the person becomes physically or mentally\nincapable of satisfactorily performing the duties of the\nappointment.\n(3) Furthermore, the appointment is terminated if:\n(a) the person:\n(i) becomes bankrupt; or\n(ii) applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounds with creditors or makes an assignment of\nthe person's remuneration for their benefit; or\n(b) is found guilty by a court in the Territory of an offence\npunishable by imprisonment for 12 months or more; or\n(c) is found guilty by a court outside the Territory of an offence\nwhich, if committed against a law of the Territory, would be an\noffence punishable by imprisonment for 12 months or more.\n(4) A termination under subsection (1) or (2) must be by writing given\nto the person.\n\nCare and Protection of Children Act 2007 135\n","sortOrder":254},{"sectionNumber":"219","sectionType":"section","heading":"Meetings of Committee","content":"219 Meetings of Committee\n(1) The Committee must meet at least 3 times in each year.\n(2) In a meeting of the Committee, the number of members that is\nequal to half of the members plus one constitutes a quorum.\n(3) A meeting of the Committee must be presided by:\n(a) the Convenor; or\n(b) in the absence of the Convenor – the Deputy Convenor; or\n(c) in the absence of both the Convenor and the Deputy\nConvenor – a member elected by the members present at the\nmeeting.\n","sortOrder":255},{"sectionNumber":"220","sectionType":"section","heading":"Disclosure of interest","content":"220 Disclosure of interest\n(1) A member who has a direct or indirect interest in a matter to be\nconsidered by the Committee must disclose the interest to the\nCommittee.\n(2) The disclosure must be recorded in the Committee's minutes.\n(3) The member:\n(a) must not take Part in any deliberation or decision of the\nCommittee about the matter; and\n(b) must be disregarded for the purposes of constituting the\nquorum of the Committee for the deliberation or decision.\n(4) The Committee may decide subsection (3) does not apply to the\nmatter.\n(5) However, the decision must be deliberated and voted on in the\nabsence of the member.\n","sortOrder":256},{"sectionNumber":"221","sectionType":"section","heading":"Confidential information","content":"221 Confidential information\n(1) A person who has acquired information in exercising a power or\nperforming a function under this Part is guilty of an offence if the\nperson:\n(a) discloses the information to someone; or\n(b) does something that results in disclosing the information to\nsomeone and is reckless as to whether doing the thing would\nresult in the disclosure; or\n\nCare and Protection of Children Act 2007 136\n(c) uses the information.\n(2) Subsection (1) does not apply to:\n(a) a disclosure or use of the information by a person in\nexercising a power or performing a function under this Part; or\n(b) a disclosure or use of the information for any of the following\npurposes authorised by the Minister:\n(i) research relating to the object of this Part;\n(ii) an inquiry or investigation conducted by a coroner, the\nPolice Force or another law enforcement agency;\n(iii) a purpose specified by regulation; or\n(c) a disclosure of the information to a court or tribunal; or\n(d) a disclosure or use of the information that is otherwise\nrequired or authorised by law.\n","sortOrder":257},{"sectionNumber":"222","sectionType":"section","heading":"Review of operation of Part","content":"222 Review of operation of Part\n(1) The Minister must conduct a review of the operation of this\nPart within 3 years after the commencement of this Part.\n(2) The review must determine:\n(a) the extent to which the operation of this Part has met the\nobject of this Part; and\n(b) whether or not any amendment to this Part should be made.\n\nCare and Protection of Children Act 2007 137\n","sortOrder":258},{"sectionNumber":"223","sectionType":"section","heading":"Object and underlying principle of Part","content":"223 Object and underlying principle of Part\n(1) The object of this Part is to ensure the safety and wellbeing of\nchildren by enabling the CEO to enter into data access agreements\nwith other parties to facilitate timely access to information about\nchildren.\n(2) In achieving that object, the safety and wellbeing of children is the\nparamount concern and it is the underlying principle of this Part that\nensuring the safety and wellbeing of children takes precedence\nover the protection of an individual's privacy.\n(3) Anyone exercising a power or performing a function under this Part\nmust, as far as practicable, uphold the principle.\n","sortOrder":259},{"sectionNumber":"224","sectionType":"section","heading":"Relationship of Part","content":"224 Relationship of Part\n(1) This Part does not affect the ability of the CEO or a data provider to\nshare information under another provision of this Act.\n(2) This Part has effect despite the operation of any other law of the\nTerritory that prohibits or restricts the disclosure of information.\n","sortOrder":260},{"sectionNumber":"225","sectionType":"section","heading":"Interpretation","content":"225 Interpretation\n(1) In this Part:\ndata means any facts, statistics, instructions, concepts or other\ninformation in a form that is capable of being communicated,\nanalysed or processed (whether by an individual or by a computer\nor other automated means).\ndata access agreement means an agreement approved by the\nMinister under section 229.\ndata provider means a person who provides data to the Agency\nunder a data access agreement.\nInformation Commissioner means the person appointed under\nsection 85 of the Information Act 2002.\n(2) For this Part, a person or body owns data if the person or body:\n(a) has possession or custody of the data; or\n\nCare and Protection of Children Act 2007 138\n(b) has the data in the possession or custody of some other\nperson or body.\n","sortOrder":261},{"sectionNumber":"226","sectionType":"section","heading":"Preparation of draft data access agreement","content":"226 Preparation of draft data access agreement\n(1) The CEO may prepare a draft data access agreement between the\nAgency and one or more other Agencies, a Commonwealth agency\nor an operator of child-related services.\n(2) The parties to the data access agreement must be satisfied that the\nsharing of information under the agreement:\n(a) is reasonably necessary to achieve the objects of this Act; and\n(b) is likely to enable the Agency to detect, investigate, manage or\notherwise respond to matters related to the safety and\nwellbeing of children; and\n(c) is likely to substantially contribute to the Agency's capacity to\nimprove outcomes for child safety and wellbeing, including by\nimproving the efficiency with which information can be\naccessed to guide decisions and actions regarding child safety\nand wellbeing.\n(3) The data access agreement must include the information\nmentioned in section 227.\n(4) In preparing a draft data access agreement, the CEO must consult\nwith the Information Commissioner.\n","sortOrder":262},{"sectionNumber":"227","sectionType":"section","heading":"Contents of data access agreement","content":"227 Contents of data access agreement\n(1) A data access agreement must include the following information:\n(a) a detailed description of the data that the data provider will\ngive to the CEO;\n(b) how the data will be accessed, used, interpreted, linked and\nsecured;\n(c) the categories of users who may access the data and any\nconditions upon their access;\n(d) any restrictions on the access, use or interpretation of the\ndata;\n(e) what happens if a data provider no longer owns the data it is\nrequired to share under the agreement;\n(f) what happens if a party breaches the agreement;\n\nCare and Protection of Children Act 2007 139\n(g) the period for which the agreement is in force;\n(h) how the agreement may be terminated.\n(2) A data access agreement may permit the CEO, or a user\nauthorised under the terms of a data access agreement, to only\naccess, use, interpret or link data obtained under an agreement for\nthe purpose of exercising powers or performing functions under this\nAct.\n(3) A data access agreement must make provision for the agreement\nto be reviewed at least once every 5 years to ensure the sharing of\ninformation under the agreement meets the criteria in\nsection 226(2).\n(4) A data access agreement may include other conditions the parties\nto the agreement consider appropriate.\n","sortOrder":263},{"sectionNumber":"228","sectionType":"section","heading":"Publication of draft data access agreement","content":"228 Publication of draft data access agreement\n(1) After preparing the draft data access agreement, the CEO must\npublish a notice in the Gazette stating the following:\n(a) that the draft data access agreement has been prepared;\n(b) where copies of the draft data access agreement may be\nobtained;\n(c) that interested persons may make submissions about the draft\ndata access agreement on or before the date specified in the\nnotice, which must be at least 30 days after the date on which\nthe notice is published;\n(d) the address to which submissions may be sent or delivered.\n(2) The CEO must consider any submissions received in relation to the\ndraft data access agreement and, as a result, may modify the draft\nagreement as the parties to the agreement consider appropriate.\n(3) After complying with subsection (2), the CEO may forward the draft\ndata access agreement to the Minister.\n","sortOrder":264},{"sectionNumber":"229","sectionType":"section","heading":"Minister may approve data access agreement","content":"229 Minister may approve data access agreement\n(1) The Minister may approve the data access agreement if the\nMinister is satisfied the CEO has complied with sections 226(4)\nand 228.\n\nCare and Protection of Children Act 2007 140\n(2) The data access agreement takes effect on the later of:\n(a) the date the Minister approves the agreement; or\n(b) another date specified in the Minister's approval.\n","sortOrder":265},{"sectionNumber":"230","sectionType":"section","heading":"Publication","content":"230 Publication\nAs soon as practicable after a data access agreement is approved\nby the Minister, the CEO must make a copy of the agreement\navailable to the public on the Agency's website.\n","sortOrder":266},{"sectionNumber":"231","sectionType":"section","heading":"Amendment of data access agreement","content":"231 Amendment of data access agreement\n(1) The parties to a data access agreement may amend the\nagreement.\n(2) Sections 226 to 230 apply in relation to the amendment of a data\naccess agreement, unless the Minister determines that the\namendment is of a minor or technical matter, in which case only\nsection 230 applies in relation to the amended agreement.\n","sortOrder":267},{"sectionNumber":"232","sectionType":"section","heading":"Restriction on use or disclosure of information","content":"232 Restriction on use or disclosure of information\n(1) The CEO must not use or disclose data obtained under a data\naccess agreement unless the use or disclosure is permitted under\nthe data access agreement.\n(2) Despite the terms of any data access agreement, the CEO may\ndisclose data obtained under a data access agreement if the\ndisclosure is required or authorised by law.\n(3) Despite the terms of a data access agreement, a data provider may\nrefuse to give the CEO data under the agreement if:\n(a) the data provider reasonably believes that giving the data\ncould:\n(i) prejudice the investigation of a contravention (or\npossible contravention) of a law in force in the Territory;\nor\n(ii) prejudice a coronial inquest or inquiry; or\n(iii) prejudice any proceedings in a court or tribunal; or\n(iv) contravene any legal professional or client legal\nprivilege; or\n\nCare and Protection of Children Act 2007 141\n(v) enable the existence or identity of a confidential source\nof information in relation to the enforcement or\nadministration of a law to be ascertained; or\n(vi) endanger a person's life or physical safety; or\n(vii) prejudice the effectiveness of a lawful method or\nprocedure for preventing, detecting, investigating or\ndealing with a contravention or possible contravention of\na law in force in the Territory; or\n(b) a circumstance prescribed by regulation exists in relation to\nthe data.\n(4) The data provider must give the CEO written reasons for refusing to\ngive data under subsection (3).\n","sortOrder":268},{"sectionNumber":"233","sectionType":"section","heading":"Review of Part","content":"233 Review of Part\nThe Information Commissioner must review the operation of this\nPart as soon as possible after 5 years after the date on which the\nMinister approves the first data access agreement under this Part.\n","sortOrder":269},{"sectionNumber":"Part 5","sectionType":"part","heading":"1A Sharing information for safety and wellbeing of","content":"Part 5.1A Sharing information for safety and wellbeing of\nchildren\n","sortOrder":270},{"sectionNumber":"293A","sectionType":"section","heading":"Object and underlying principle of Part","content":"293A Object and underlying principle of Part\n(1) The object of this Part is to ensure the safety and wellbeing of\nchildren by enabling particular persons and bodies having\nresponsibilities for a child to request or give particular information\nabout the child.\n(2) In achieving that object, the safety and wellbeing of the child is the\nparamount concern and it is the underlying principle of this Part that\nensuring the safety and wellbeing of children takes precedence\nover the protection of an individual's privacy needs.\n(3) Anyone exercising a power or performing a function under this Part\nmust, as far as practicable, uphold the principle.\n","sortOrder":271},{"sectionNumber":"293B","sectionType":"section","heading":"Information about a child","content":"293B Information about a child\n(1) For this Part, information about a child is any information that\nrelates to the safety or wellbeing of the child.\n\nCare and Protection of Children Act 2007 142\n(2) Without limiting subsection (1), information about a child includes\ninformation about a person other than the child (for example, a\nfamily member of the child) that directly or indirectly relates to the\nsafety or wellbeing of the child.\n(3) For this Part, information may be about a child or a group of\nchildren.\n(4) Information about a child who is deceased may be given, received\nor shared under this Part.\n","sortOrder":272},{"sectionNumber":"293C","sectionType":"section","heading":"Information sharing authorities","content":"293C Information sharing authorities\n(1) For this Part, each of the following is an information sharing\nauthority:\n(b) a person who, as the Chief Executive Officer of an Agency or\na public sector employee, is acting under a law of the Territory\nin relation to a child;\n(c) a carer who is acting under this Act in relation to a child;\n(d) an approved provider of an education and care service\nLaw (NT) who provides, or is required to provide, services in\nrelation to a child;\n(e) a person in charge of an organisation that receives funding\nfrom the Commonwealth or Territory to provide a service, or\nperform a function, for or in connection with children;\n(f) a person in charge of an organisation that receives funding\nfrom the Territory under an agreement to provide drug or\nalcohol treatment;\n(g) a person employed or engaged (for a fee) by an organisation\nmentioned in paragraph (e) or (f) in relation to providing the\nservice or treatment, or performing the function, mentioned in\nthat paragraph;\n(h) the principal, as defined in section 5 of the Education\nAct 2015, of:\n(i) a government school declared under that Act; or\n(ii) a non-government school registered under that Act;\n\nCare and Protection of Children Act 2007 143\n(i) a teacher registered under the Teacher Registration (Northern\nTerritory) Act 2004;\n(j) a person in charge of:\n(i) a hospital as defined in section 5 of the Medical Services\nAct 1982; or\n(ii) a private hospital as defined in section 4A of the Private\nHospitals Act 1981;\n(k) a person in charge of an approved treatment facility as defined\nin section 4 of the Mental Health and Related Services\nAct 1998;\n(l) a person registered under the Health Practitioner Regulation\nNational Law to practise a health profession (other than as a\nstudent);\n(m) a provider of services as defined in section 2(1) of the\nDisability Services Act 1993;\n(n) a lawyer;\n(o) a police officer;\n(p) the person in charge of an organisation approved under\nsubsection (1A).\n(1A) The CEO may, by Gazette notice, approve an organisation that\nprovides a service or performs a function for or in connection with\nchildren if the CEO is satisfied that:\n(a) it is appropriate for the person in charge of the organisation to\ngive and receive information under this Part; and\n(b) the organisation has the capacity to meet the obligations of an\ninformation sharing authority under this Part.\n(2) The regulations may specify that a person who would otherwise be\nan information sharing authority under subsection (1) is not an\ninformation sharing authority.\n","sortOrder":273},{"sectionNumber":"293D","sectionType":"section","heading":"Giving information without request","content":"293D Giving information without request\n(1) An information sharing authority (the provider) may give any\ninformation about a child, or a group of children, to another\ninformation sharing authority (the recipient).\n\nCare and Protection of Children Act 2007 144\n(2) The provider may do so only if:\n(a) the provider specifies the child or group of children when\ngiving the information; and\n(b) no request for the information has been made by the recipient\nto the provider under section 293E; and\n(c) the provider reasonably believes that the information may\nassist the recipient to do any of the following that relates to the\nsafety or wellbeing of the child or children:\n(i) make or contribute to a decision, assessment or plan;\n(ii) monitor any plan;\n(iii) initiate or conduct an investigation;\n(iv) identify, assess, prevent or manage any risk of harm;\n(v) arrange, provide or review a service;\n(vi) perform a function under this Act.\n","sortOrder":274},{"sectionNumber":"293E","sectionType":"section","heading":"Giving information on request","content":"293E Giving information on request\n(1) An information sharing authority (the requesting authority) may\nrequest another information sharing authority (the requested\nauthority) to give to the requesting authority specified information\n(the requested information):\n(a) held by the requested authority; and\n(b) that is information about a child, or a group of children, that is\nspecified in the request.\n(2) The requesting authority may do so only if the requesting authority\nreasonably believes that the requested information may assist the\nrequesting authority to do any of the following that relates to the\nsafety or wellbeing of the child or children:\n(a) make or contribute to a decision, assessment or plan;\n(b) monitor any plan;\n(c) initiate or conduct an investigation;\n(d) identify, assess, prevent or manage any risk of harm;\n(e) arrange, provide or review a service;\n\nCare and Protection of Children Act 2007 145\n(f) perform a function under this Act.\n(3) Subject to subsection (5), the requested authority must:\n(a) give so much of the requested information to the requesting\nauthority as the requested authority reasonably believes may\nassist the requesting authority to do a thing mentioned in\nsubsection (2) that relates to the safety or wellbeing of the\nchild or children; and\n(b) refuse to give any requested information in relation to which\nthe requested authority does not hold that belief.\n(4) For the purposes of forming the belief mentioned in\nsubsection (3)(a):\n(a) the requested authority may ask the requesting authority to\ngive the requested authority further information about the\nrequest; and\n(b) the requesting authority may give the further information.\n(5) Despite subsection (3), the requested authority may refuse to give\nthe requesting authority so much of the requested information as is\ncovered by any of the following:\n(a) the requested authority reasonably believes that giving the\ninformation could:\n(i) prejudice the investigation of a contravention (or\npossible contravention) of a law in force in the Territory;\nor\n(ii) prejudice a coronial inquest or inquiry; or\n(iii) prejudice any proceedings in a court or tribunal; or\n(iv) contravene any legal professional or client legal\nprivilege; or\n(v) enable the existence or identity of a confidential source\nof information in relation to the enforcement or\nadministration of a law to be ascertained; or\n(vi) endanger a person's life or physical safety; or\n(vii) prejudice the effectiveness of a lawful method or\nprocedure for preventing, detecting, investigating or\ndealing with a contravention or possible contravention of\na law in force in the Territory;\n\nCare and Protection of Children Act 2007 146\n(b) a circumstance prescribed by regulation exists in relation to\nthe information.\n(6) The requested authority must give the requesting authority written\nreasons for refusing to give any or all of the requested information.\n","sortOrder":275},{"sectionNumber":"293F","sectionType":"section","heading":"Protection of persons giving information","content":"293F Protection of persons giving information\nA person acting in good faith in giving information under this Part is\nnot civilly or criminally liable, or in breach of any professional code\nof conduct, for giving the information.\n","sortOrder":276},{"sectionNumber":"293G","sectionType":"section","heading":"Restriction on use or disclosure of information","content":"293G Restriction on use or disclosure of information\n(1) An information sharing authority given information under this Part\nmust not use or disclose the information for any purpose not related\nto the safety or wellbeing of a child to whom the information relates.\n(2) To avoid doubt, a reference in subsection (1) to a child includes a\nreference to a child other than the child, or a member of a group of\nchildren, for whom the information is given under this Part.\n(3) Subsection (1) has effect except as otherwise provided by another\nlaw in force in the Territory.\n","sortOrder":277},{"sectionNumber":"293H","sectionType":"section","heading":"Administrative guidelines","content":"293H Administrative guidelines\n(1) The CEO must make administrative guidelines for the operation of\nthis Part.\n(2) Without limiting subsection (1), the CEO must, within 28 working\ndays after the commencement of this section, make administrative\nguidelines providing for the following:\n(a) a matter that may be taken into account in forming the belief\nmentioned in section 293D(2)(c) or 293E(2) or (3)(a);\n(b) circumstances in which an information sharing authority\nshould consider obtaining the consent of a person before\ngiving information about the person under this Part.\n(3) The CEO must publish administrative guidelines made under this\nsection in a way decided by the CEO (including, for example, on the\nInternet) as soon as practicable after making them.\n\nCare and Protection of Children Act 2007 147\n","sortOrder":278},{"sectionNumber":"293J","sectionType":"section","heading":"Interactions with other laws and other provisions of Act","content":"293J Interactions with other laws and other provisions of Act\n(1) This Part has effect despite the operation of any other law of the\nTerritory that prohibits or restricts the disclosure of information.\n(2) This Part does not affect the operation of any other provision in this\nAct that relates to giving information about a child.\nExample for subsection (2)\nThis Part does not affect the operation of section 34.\n","sortOrder":279},{"sectionNumber":"293K","sectionType":"section","heading":"Duties of information sharing authorities","content":"293K Duties of information sharing authorities\n(1) Information sharing authorities must take reasonable steps to\nensure the cooperative, coordinated and efficient provision of\ninformation between information sharing authorities under this Part.\n(2) An operator of child-related services that is, or employs a person\nwho is, an information sharing authority must ensure everyone\nproviding services for a child under the operator's control or\ndirection is aware of the information sharing authority's obligations\nunder this Part.\nPart 5.1B Child Wellbeing and Safety Partnership\n","sortOrder":280},{"sectionNumber":"293L","sectionType":"section","heading":"Definitions","content":"293L Definitions\nFramework means the Framework established under\nsection 293M(1).\nservice organisation means an organisation that provides\nchild-related services.\n","sortOrder":281},{"sectionNumber":"293M","sectionType":"section","heading":"Establishment of Child Wellbeing and Safety Partnership","content":"293M Establishment of Child Wellbeing and Safety Partnership\n(1) The Child Wellbeing and Safety Partnership Framework is\nestablished.\n(2) The purposes of the Framework are:\n(a) to ensure the Northern Territory Government and service\norganisations are providing a coordinated response to the\nrisks to the safety and wellbeing of children; and\n\nCare and Protection of Children Act 2007 148\n(b) to strengthen how the Northern Territory Government, service\norganisations and community leaders work together alongside\nfamilies; and\n(c) to make the Northern Territory Government and service\norganisations accountable for partnering with community\nleaders to ensure children and families are safe and thriving.\n","sortOrder":282},{"sectionNumber":"293N","sectionType":"section","heading":"Framework principles","content":"293N Framework principles\nThe Framework must operate under the following principles:\n(a) the best interests of the child are the paramount concern;\n(b) the human rights of children and families must be upheld and\nrespected;\n(c) decisions affecting Aboriginal people must be made in a\nmanner that, as far as practicable, upholds the principles of\nsection 12;\n(d) Aboriginal world views must be incorporated into the\nFramework;\n(e) the views of children and families must be taken into account\nwhen decisions affecting them are made;\n(f) the diversity of communities is valued so that the operation of\nthe Framework is culturally relevant;\n(g) responsibility and accountability for the safety and wellbeing of\nchildren and families is shared between families, communities,\nservice organisations and the Northern Territory Government;\n(h) the Northern Territory Government must exercise its\nresponsibility mentioned in paragraph (g) in a transparent way;\n(i) the Framework should operate in a way that is healing\nfocussed and trauma informed;\n(j) the Framework should seek to build on the strengths of\nindividual families and communities;\n(k) any risk of domestic violence affecting children or families\nmust be managed in a way that is consistent with the\nframework for family violence risk assessment and family\nviolence risk management approved under section 124Q of\nthe Domestic and Family Violence Act 2007.\n\nCare and Protection of Children Act 2007 149\n","sortOrder":283},{"sectionNumber":"293P","sectionType":"section","heading":"Operating policy of Framework","content":"293P Operating policy of Framework\n(1) The CEO must prepare a written policy detailing the operation of\nthe Framework.\n(2) The policy must:\n(a) reflect the principles set out in section 293N; and\n(b) provide for the establishment of an oversight group to monitor\nthe operation of the Framework; and\n(c) address the following in the relation to the oversight group:\n(i) membership of the group, which must include adequate\nrepresentation of Aboriginal communities and Aboriginal\ncommunity-controlled organisations;\n(ii) the role and responsibilities of the group in monitoring\nthe operation of the Framework; and\n(d) provide for the establishment of Child Wellbeing and Safety\nTeams in communities; and\n(e) address the following in relation to the Child Wellbeing and\nSafety Teams:\n(i) the operation of the Teams in communities;\n(ii) the role and responsibilities of the Teams in developing\na coordinated response to risks to the safety and\nwellbeing of children and their families in a community or\ncommunities including through:\n(A) the facilitation of community leadership meetings in\ncommunities; and\n(B) the facilitation of meetings between Agencies and\nservice organisations; and\n(f) address any other matter the CEO considers relevant.\n(3) In preparing the policy, the CEO must consult with the following in\nrelation to the operation of the Framework:\n(a) service organisations;\n(b) communities in which Child Wellbeing and Safety Teams will\noperate under the policy;\n\nCare and Protection of Children Act 2007 150\n(c) Aboriginal community-controlled organisations.\n(4) The CEO may, in consultation with the oversight group established\nunder the policy, amend the policy.\n(5) The CEO must publish the policy, as amended from time to time, on\nthe Agency's website.\n","sortOrder":284},{"sectionNumber":"293Q","sectionType":"section","heading":"Appointment of person to undertake independent review","content":"293Q Appointment of person to undertake independent review\n(1) The Minister must appoint a qualified person to do the following:\n(a) undertake an independent review of the effectiveness of the\nFramework and the extent to which the purposes of the\nFramework mentioned in section 293M(2) are being achieved;\n(b) prepare a report of the review;\n(c) give the Minister the report within 12 months after the\nappointment.\n(2) The appointment must be made as soon as practicable after the\nthird anniversary of the commencement of this Part.\n(3) In making the appointment, the Minister must give preference to an\nAboriginal person.\n(4) In this section:\nqualified person means a person who, in the Minister's opinion,\npossesses the appropriate qualifications and experience to\nundertake the independent review mentioned in subsection (1)(a).\n","sortOrder":285},{"sectionNumber":"293R","sectionType":"section","heading":"Conduct of review and content of report","content":"293R Conduct of review and content of report\n(1) As part of the review mentioned in section 293Q, the person\nappointed to undertake the review must consult with the following:\n(a) the oversight group;\n(b) the Agencies and organisations represented by members of\nthe oversight group;\n(c) service organisations;\n(d) Aboriginal community-controlled organisations.\n\nCare and Protection of Children Act 2007 151\n(2) Before finalising the report of the review, the person must give any\nAgency, organisation or person who will be the subject of adverse\ncomment in the report a reasonable opportunity to comment on the\nreview findings before the report is given to the Minister.\n(3) The report of the review must:\n(a) give an assessment of the extent to which Agencies and\nservice organisations:\n(i) are cooperating in ensuring there is a coordinated\nresponse to the risks to the safety and wellbeing of\nchildren; and\n(ii) are sharing information in relation to the safety and\nwellbeing of children consistent with Part 5.1A and any\nother legislative requirements; and\n(b) identify any Agencies or service organisations that are not:\n(i) cooperating in ensuring there is a coordinated response\nto the risks to the safety and wellbeing of children; or\n(ii) complying with Part 5.1A or other legislative\nrequirements in relation to information sharing; and\n(c) identify any recommended changes to the Framework or its\noperation; and\n(d) incorporate any comments on the review findings received\nunder subsection (2); and\n(e) address any other matter requested by the oversight group or\nCEO.\n(4) In this section:\noversight group means the oversight group established under the\npolicy prepared under section 293P.\n","sortOrder":286},{"sectionNumber":"293S","sectionType":"section","heading":"Tabling of report","content":"293S Tabling of report\nThe Minister must table a copy of the report of a review mentioned\nin section 293Q in the Legislative Assembly within 6 sitting days\nafter receiving the report.\n\nCare and Protection of Children Act 2007 152\n","sortOrder":287},{"sectionNumber":"294","sectionType":"section","heading":"Object of Part","content":"294 Object of Part\nThe object of this Part is to ensure:\n(a) the operation of Chapter 2 is consistent with the objects and\nunderlying principles of this Act; and\n(b) services provided for Chapter 2 are of a high standard.\n","sortOrder":288},{"sectionNumber":"295","sectionType":"section","heading":"Establishment","content":"295 Establishment\n(1) The CEO may establish review teams by Gazette notice.\n(2) A team:\n(a) consists of members appointed by the CEO; and\n(b) must have at least 3 members.\n(3) A team member must represent at least one of the following:\n(a) the Police Force;\n(b) an Agency having responsibility relating to health, education,\nhousing, family or children;\n(c) an organisation promoting any of the following:\n(i) the wellbeing of children;\n(ii) the interests of people with disabilities;\n(iii) the interests of Aboriginal people;\n(iv) multiculturalism.\n","sortOrder":289},{"sectionNumber":"296","sectionType":"section","heading":"Functions of team","content":"296 Functions of team\nA team has one or more of the following functions as specified in\nthe Gazette notice:\n(a) to conduct a review and make recommendations about any of\nthe following (a Chapter 2 matter):\n(i) the operation of specified provisions of Chapter 2\n(whether generally or in relation to a specified locality);\n(ii) the provision of specified services in connection with that\noperation;\n\nCare and Protection of Children Act 2007 153\n(b) to conduct a review of the implementation of the\nrecommendations;\n(c) to perform any other specified function in relation to a Chapter\n2 matter.\n","sortOrder":290},{"sectionNumber":"297","sectionType":"section","heading":"Reports of team","content":"297 Reports of team\n(1) A team must, as soon as practicable after each of its meetings:\n(a) give the CEO a report of its current operation; and\n(b) give the Commissioner a copy of the report.\n(2) The CEO must, as soon as practicable after the end of a financial\nyear:\n(a) give the Minister an annual report about the operation of all\nthe teams during that year; and\n(b) give the Commissioner a copy of the report.\n","sortOrder":291},{"sectionNumber":"298","sectionType":"section","heading":"Regulations","content":"298 Regulations\nThe regulations may make provision, consistent with this Part,\nabout the following:\n(a) the nomination of candidates for the appointment of team\nmembers;\n(b) the making of operational guidelines for a team;\n(c) functions of a team;\n(d) meetings of a team;\n(e) any other matters relating to a team.\n","sortOrder":292},{"sectionNumber":"299","sectionType":"section","heading":"Obstruction","content":"299 Obstruction\n(1) A person must not obstruct a person:\n(a) in exercising or attempting to exercise a power under this Act;\nor\n\nCare and Protection of Children Act 2007 154\n(b) in performing or attempting to perform a function under this\nAct.\nobstruct includes resist and hinder.\n","sortOrder":293},{"sectionNumber":"300","sectionType":"section","heading":"Impersonating officer","content":"300 Impersonating officer\nA person must not falsely represent, by words or conduct, that the\nperson or someone else is an authorised officer.\n","sortOrder":294},{"sectionNumber":"301","sectionType":"section","heading":"Disclosure of child's identity","content":"301 Disclosure of child's identity\n(1) A person must not publish any material that may identify someone\nwho is a child:\n(a) in the CEO's care; or\n(b) for whom:\n(i) an application for a temporary protection order,\nassessment order, protection order or permanent care\norder has been made; or\n(ii) such an order is in force; or\n(c) involved (whether as a victim or not) in a sexual offence or\nalleged to have been so involved in a sexual offence.\n(2) Subsection (1) does not apply if the publication is permitted or\nauthorised under this Act or any other law in force in the Territory.\n","sortOrder":295},{"sectionNumber":"302","sectionType":"section","heading":"Approved forms","content":"302 Approved forms\n(1) The CEO:\n(a) must approve forms for a provision in this Act if the provision\nrequires a document to be made in the approved form; and\n\nCare and Protection of Children Act 2007 155\n(b) may approve forms for any other document required for this\nAct.\n(2) If a form is approved for a document under subsection (1)(b), the\ndocument must be made in the approved form.\n(3) An approved form for a document must be consistent with any other\nrequirements specified for the document in this Act.\n","sortOrder":296},{"sectionNumber":"303","sectionType":"section","heading":"Delegation","content":"303 Delegation\nThe CEO may, in writing, delegate any of the CEO's powers and\nfunctions to a person who is:\n(a) an authorised officer; or\n(b) a public sector employee.\n","sortOrder":297},{"sectionNumber":"304","sectionType":"section","heading":"Authorised officers","content":"304 Authorised officers\n(1) An authorised officer is:\n(a) a person appointed by the CEO as an authorised officer; or\n(b) a police officer.\n(2) An authorised officer appointed under subsection (1)(a) has the\npowers and functions of an authorised officer under this Act as\nspecified in the appointment.\n(3) A police officer has the powers and functions of an authorised\nofficer under sections 35(3), 37, 38, 52, 56 to 64, 84, 85 and 108.\nNote\nA police officer may exercise certain powers under this Act as a police officer and\nnot as an authorised officer, see, for example, sections 33 and 36.\n","sortOrder":298},{"sectionNumber":"305","sectionType":"section","heading":"Identity cards","content":"305 Identity cards\n(1) This section applies to a person who:\n(a) is an authorised officer; but\n(b) is not a police officer.\n(2) The CEO must issue an identity card to the officer.\n(3) The card must:\n(a) specify the officer's name and office; and\n\nCare and Protection of Children Act 2007 156\n(b) specify the officer's powers and functions; and\n(c) contain:\n(i) the signature of the officer; and\n(ii) a recent photograph of the officer; and\n(iii) the verification of the signature and photograph by the\nCEO.\n(4) The card ceases to be in force when the person ceases to be an\nauthorised officer.\n(5) The person must return the card to the CEO within one month after\nthe cessation.\nMaximum penalty: 20 penalty units.\n","sortOrder":299},{"sectionNumber":"306","sectionType":"section","heading":"Misleading documents","content":"306 Misleading documents\n(1) A person must not, for the purposes of this Act, give someone (the\nrecipient) a document that contains information the person knows\nto be misleading in a material particular.\n(2) However, subsection (1) does not apply if the person, when giving\nthe document:\n(a) draws the misleading aspect of the document to the recipient's\nattention; and\n(b) to the extent the person can reasonably do so – gives the\nrecipient the information necessary to correct the document.\n","sortOrder":300},{"sectionNumber":"307","sectionType":"section","heading":"Misleading information","content":"307 Misleading information\nA person must not, for the purposes of this Act, give someone any\ninformation that the person knows to be misleading in a material\nparticular.\n\nCare and Protection of Children Act 2007 157\n","sortOrder":301},{"sectionNumber":"308","sectionType":"section","heading":"Offence to disclose certain information","content":"308 Offence to disclose certain information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) required or authorised under an Act; or\n(ii) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(iii) to a person who is otherwise entitled to the information;\nand\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information referred to in subsection (1) relates to one or more\npersons, it is a defence to a prosecution for an offence against that\nsubsection if each person to whom the information relates has\nconsented to the disclosure of the information.\nNote for subsection (3)\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n","sortOrder":302},{"sectionNumber":"308A","sectionType":"section","heading":"Authorised disclosures of information","content":"308A Authorised disclosures of information\n(1) The CEO may authorise the disclosure of confidential information to\na person if:\n(a) the CEO believes on reasonable grounds that the disclosure\nof information is in the public interest; or\n\nCare and Protection of Children Act 2007 158\n(b) the person to whom the information relates is not identified\nand their identity cannot be reasonably ascertained and the\ninformation is to be used for research purposes; or\n(c) the CEO is satisfied on reasonable grounds that it is\nnecessary to disclose the information for the safety or\nwellbeing of a child or children.\n(2) The CEO may authorise the disclosure to the Australian Institute of\nCriminology established under the Criminology Research Act 1971\n(Cth) of confidential information that is reasonably required for the\npurpose of the program monitoring national deaths in custody.\n","sortOrder":303},{"sectionNumber":"309","sectionType":"section","heading":"Protection from liability","content":"309 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith:\n(a) in the exercise or purported exercise of a power as an\nauthorised officer under this Act; or\n(b) in the performance or purported performance of a function as\nan authorised officer under this Act.\n(2) Subsection (1) does not affect any liability the Territory would,\napart from that subsection, have for the act or omission.\n","sortOrder":304},{"sectionNumber":"310","sectionType":"section","heading":"Regulations","content":"310 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may:\n(a) prescribe fees payable under this Act; and\n(b) apply, adopt or incorporate (with or without changes) a matter\ncontained in another instrument as in force or existing at a\nparticular time or from time to time; and\n(c) prescribe a fine not exceeding 200 penalty units for an offence\nagainst the regulations; and\n(d) provide for the enforcement of a code of practice, including by\nproviding that a contravention of the code is an offence\nagainst the regulations; and\n(e) provide for an offence against the regulations to be an offence\nof strict liability.\n\nCare and Protection of Children Act 2007 159\nPart 5.5 Repeals and transitional matters for Care and\nProtection of Children Act 2007\nDivision 1 Repeals\n311 Repeals\nThe Acts specified in the Schedule are repealed.\n312 Definitions\nFamily Matters Court means the Family Matters Court established\nby section 24 of the Welfare Act.\nfrom time to time before the commencement.\n","sortOrder":305},{"sectionNumber":"313","sectionType":"section","heading":"Arrangements for assistance","content":"313 Arrangements for assistance\nAn arrangement in force under section 8 of the Welfare Act\nof its term as if:\n(a) it had been made by the CEO under section 44(1) of this Act;\nand\n(b) it had complied with section 44(2) of this Act.\n","sortOrder":306},{"sectionNumber":"314","sectionType":"section","heading":"Investigations","content":"314 Investigations\n(1) An investigation under section 13 of the Welfare Act started before\nthe commencement may continue as if it were an investigation\nunder section 36 of this Act.\n(2) An investigation under section 16 of the Welfare Act started before\nthe commencement may continue as if it were an investigation\nunder section 35 of this Act.\n","sortOrder":307},{"sectionNumber":"315","sectionType":"section","heading":"Temporary custody","content":"315 Temporary custody\nAn agreement in force under section 62 of the Welfare Act\nof its term as if it were a temporary placement arrangement under\nsection 46 of this Act.\n\nCare and Protection of Children Act 2007 160\n","sortOrder":308},{"sectionNumber":"316","sectionType":"section","heading":"Foster parent","content":"316 Foster parent\nA person who was a registered foster parent under section 63 of\nthe Welfare Act immediately before the commencement is taken to\nhave been approved, for the remainder of the term of the\nregistration, as a carer under section 78(1)(a)(iii) of this Act.\n","sortOrder":309},{"sectionNumber":"317","sectionType":"section","heading":"Foster care","content":"317 Foster care\nAn agreement in force under section 64 of the Welfare Act\nof its term as if it were a placement arrangement under section 78\nof this Act.\n","sortOrder":310},{"sectionNumber":"318","sectionType":"section","heading":"Child in custody or detention","content":"318 Child in custody or detention\n(1) This section applies to a child if:\n(a) a person:\n(i) had taken the child into custody under section 11 of the\nWelfare Act; or\n(ii) had detained the child in a hospital under section 15 of\nthe Welfare Act; and\n(b) the child was so in custody or detained immediately before the\ncommencement.\n(2) The person must notify the CEO about the custody or detention as\nsoon as possible after the commencement.\n(3) On and after the commencement, the child is taken to have been\ntaken into provisional protection under section 51 of this Act.\n(4) For subsection (3):\n(a) the provisional protection is taken to be for a period of\n72 hours starting from the start of the custody or detention;\nand\n(b) anything done for the child for the custody or detention is\ntaken to have been done for the provisional protection.\nExample\nIf the child has been detained for 24 hours immediately before the\ncommencement, the CEO must, subject to any other provisions of this Act, return\nthe child to a parent of the child within 48 hours after the commencement.\n\nCare and Protection of Children Act 2007 161\n(5) Compliance with subsection (2) is taken to be compliance with:\n(a) section 52(4) of this Act; and\n(b) section 11(5) of the Welfare Act.\n","sortOrder":311},{"sectionNumber":"319","sectionType":"section","heading":"Transfer of proceedings and records","content":"319 Transfer of proceedings and records\n(1) The following must be transferred to the family matters jurisdiction\nof the Local Court after the commencement:\n(a) proceedings and records of the Family Matters Court;\n(b) proceedings and records of applications under section 11A of\nthe Welfare Act.\n(2) The Local Court must deal with the proceedings and records as if:\n(a) the Welfare Act had not been repealed; and\n(b) for proceedings and records of the Family Matters Court:\n(i) the Local Court were the Family Matters Court; and\n(ii) an adjournment granted by the Family Matters Court and\nany related interim order were granted or made by the\nLocal Court in exercising the family matters jurisdiction.\n(3) An appeal to the Supreme Court under the Welfare Act that has not\nbeen decided before the commencement must be dealt with by the\nSupreme Court as if the Welfare Act had not been repealed.\n(4) However, the application of the Welfare Act under subsections (2)\nand (3) is subject to the following changes:\n(a) if the Minister administering the Welfare Act would otherwise\nhave been given custody of a child because of the\napplication – the CEO must be given daily care and control of\nthe child instead;\n(b) if the Minister administering the Welfare Act would otherwise\nhave been given guardianship of a child because of the\napplication – the CEO must be given parental responsibility for\nthe child instead;\n(c) if an authorised person would otherwise have powers or\nfunctions under the Welfare Act because of the application –\nan authorised officer has the powers or functions instead.\n\nCare and Protection of Children Act 2007 162\n","sortOrder":312},{"sectionNumber":"320","sectionType":"section","heading":"Orders and directions","content":"320 Orders and directions\nAn order or direction in force immediately before the\ncommencement has effect as specified in the following table:\nAn order or direction made under\nthis provision of the Welfare Act:\nhas effect as if it were:\nsection 11A a temporary protection order\nsection 43(5)(a) a protection order specifying a\nsupervision direction\nsection 43(5)(b) a protection order specifying a daily\ncare and control direction\nsection 43(5)(c) a protection order specifying a\nshort-term parental responsibility\ndirection\nsection 43(5)(d) a protection order specifying a\nlong-term parental responsibility\ndirection\nsection 62G a decision of the Court under\nsection 159 of this Act\nsection 62L an order of the Court under\nsection 164 of this Act\nsection 62Q an order of the Court under\nsection 169 of this Act\nsection 62R an interim order of the Court under\nsection 170 of this Act\n","sortOrder":313},{"sectionNumber":"321","sectionType":"section","heading":"Ministerial decisions","content":"321 Ministerial decisions\nA decision in force under section 62C of the Welfare Act\nimmediately before the commencement has effect as if it were a\ndecision under section 155 of this Act.\n","sortOrder":314},{"sectionNumber":"322","sectionType":"section","heading":"Interstate orders","content":"322 Interstate orders\n(1) This section applies to a decision or order that:\n(a) was an interstate order covered by section 62W(1)(a), (b)\nand (c) of the Welfare Act immediately before the\ncommencement; and\n\nCare and Protection of Children Act 2007 163\n(b) had not been filed or registered under that section immediately\n(2) If the interstate order relates to the transfer of a child protection\norder:\n(a) a copy of the interstate order and child protection order must\nbe filed as if they were covered by section 171(1) of this Act;\nand\n(b) the transfer must be registered under section 173 of this Act.\n(3) If the interstate order relates to the transfer of a child protection\nproceeding:\n(a) a copy of the interstate order and each related interim order\nmust be filed under section 172(1) of this Act; and\n(b) the transfer must be registered under section 173 of this Act.\n(4) A registration for the transfer of a child protection order or\nproceeding in force under section 62W of the Welfare Act\nimmediately before the commencement has effect as if the transfer\nhad been registered under section 173 of this Act.\n","sortOrder":315},{"sectionNumber":"323","sectionType":"section","heading":"Consent for child's employment","content":"323 Consent for child's employment\n(1) A consent for the employment of a child in force under section 92\nor 93 of the Welfare Act immediately before the commencement\ncontinues until the employment ceases.\n(2) While the consent is in force:\n(a) the Welfare Act has effect for the consent as if:\n(i) that Act had not been repealed; and\n(ii) a reference to the Minister in that Act had included a\nreference to the CEO; and\n(b) Part 3.2 of this Act does not apply to the employment.\n(3) In this section:\nimmediately before the commencement.\n\nCare and Protection of Children Act 2007 164\n","sortOrder":316},{"sectionNumber":"329","sectionType":"section","heading":"Definitions","content":"329 Definitions\nfrom time to time before the commencement.\n","sortOrder":317},{"sectionNumber":"330","sectionType":"section","heading":"Agreement with parent","content":"330 Agreement with parent\nAn agreement in force under section 59 of the Welfare Act\nof its term as if that Act had not been repealed.\n","sortOrder":318},{"sectionNumber":"331","sectionType":"section","heading":"References relating to Community Welfare Act 1983","content":"331 References relating to Community Welfare Act 1983\n(1) This section applies to a provision in any order or direction of a\ncourt or any other instrument:\n(a) made under or for the Welfare Act; and\n(b) was in force immediately before the commencement.\n(2) Except as otherwise provided in this Part, the provision has effect\nfor the remainder of its term as if, in the provision:\n(a) a reference to the Minister had included a reference to the\nCEO; and\n(b) a reference to the Family Matters Court had included a\nreference to the Local Court exercising the family matters\njurisdiction; and\n(c) a reference to an authorised person had included a reference\nto an authorised officer; and\n(d) a reference to a child in need of care had included a reference\nto a child in need of protection; and\n(e) a reference to a child who is in the care or under the\nresponsibility of the Minister administering the Welfare Act had\nincluded a reference to a child who is in the CEO's care.\n","sortOrder":319},{"sectionNumber":"332","sectionType":"section","heading":"Section 12 of Interpretation Act 1978","content":"332 Section 12 of Interpretation Act 1978\nThis Part does not limit the effect of section 12 of the Interpretation\nAct 1978 in relation to any matters arising from the repeal of the\nWelfare Act.\n\n","sortOrder":320},{"sectionNumber":"Div 1","sectionType":"division","heading":"Transitional matters for Care and Protection of Children Amendment Act 2009","content":"Division 1 Transitional matters for Care and Protection of Children Amendment Act 2009\nCare and Protection of Children Act 2007 165\n","sortOrder":321},{"sectionNumber":"333","sectionType":"section","heading":"Transitional regulations","content":"333 Transitional regulations\n(1) The regulations may make provision about a matter for which:\n(a) it is necessary to make provision to allow or facilitate the doing\nof anything to achieve the transition from the operation of the\nWelfare Act to this Act; and\n(b) this Act does not make provision or sufficient provision.\n(2) A regulation under subsection (1) must not have effect before:\n(a) if the regulation relates to provisions of this Act that\ncommence at different times – the commencement of any of\nthe provisions that first commences; or\n(b) otherwise – the commencement of the provisions of this Act to\nwhich the regulation relates.\n(3) To the extent to which the regulation has retrospective operation, it\nmust not operate to the disadvantage of a person (other than the\nTerritory or a Territory authority) by decreasing the person's rights\nor imposing liabilities on the person.\nDivision 1 Transitional matters for Care and Protection of\nChildren Amendment Act 2009\n","sortOrder":322},{"sectionNumber":"334","sectionType":"section","heading":"Application","content":"334 Application\n(1) Section 26 as amended by the amending Act applies in relation to\nan obligation to make a report under that section on or after the\ncommencement, whether the circumstances giving rise to that\nobligation occurred before, on or after the commencement.\nAmendment Act 2009.\ncommencement means the commencement of the amending Act.\n\nDivision 3 Transitional matters for Care and Protection of Children (Legal\nRepresentation and Other Matters) Act 2013\nCare and Protection of Children Act 2007 166\n","sortOrder":323},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transitional matters for Care and Protection of","content":"Division 2 Transitional matters for Care and Protection of\nChildren (Children's Commissioner) Amendment\nAct 2011\nNote for Division 2\nPart 5.1 was repealed by the Children's Commissioner Act 2013. This Division\ndeals with Part 5.1 as in force before it was repealed.\n","sortOrder":324},{"sectionNumber":"335","sectionType":"section","heading":"Extended application of Part 5.1","content":"335 Extended application of Part 5.1\n(1) Part 5.1 as amended by the amending Act applies to the following:\n(a) a matter to which a complaint relates that occurred before the\ncommencement;\n(b) a matter to which an investigation relates that occurred before\nthe commencement;\n(c) for paragraph (a) or (b), a person who was a vulnerable child\n(2) However, subsection (1) has effect subject to section 265 in relation\nto an investigation of a complaint.\n(3) In this section:\n(Children's Commissioner) Amendment Act 2011.\ncommencement means the commencement of Part 2 of the\namending Act.\nDivision 3 Transitional matters for Care and Protection of\nChildren (Legal Representation and Other Matters)\nAct 2013\n","sortOrder":325},{"sectionNumber":"336","sectionType":"section","heading":"Legal representation","content":"336 Legal representation\n(1) Part 2.3, Division 6A applies in relation to proceedings commenced\nafter the commencement of section 4 of the Care and Protection of\nChildren (Legal Representation and Other Matters) Act 2013 (the\ncommencement date).\n(2) Section 146 as in force immediately before the commencement\ndate continues to apply in relation to proceedings that were\ncommenced before the commencement date.\n\nDivision 4 Transitional matters for Care and Protection of Children Amendment Act 2019\nCare and Protection of Children Act 2007 167\nDivision 4 Transitional matters for Care and Protection of\nChildren Amendment Act 2019\n337 Definition\nAmendment Act 2019.\n338 Care plans\nA care plan in force under section 70 immediately before the\ncommencement of section 9 of the amending Act (the\ncommencement) is taken to be a care plan prepared under\nsection 70 as in force after the commencement.\n","sortOrder":326},{"sectionNumber":"339","sectionType":"section","heading":"Interim care plans","content":"339 Interim care plans\nAn interim care plan in force under section 76 immediately before\nthe commencement of section 15 of the amending Act (the\ncommencement) is taken to be a care plan prepared under\nsection 76 as in force after the commencement.\n","sortOrder":327},{"sectionNumber":"340","sectionType":"section","heading":"Application of Part 2.3, Division 4, Subdivision 1","content":"340 Application of Part 2.3, Division 4, Subdivision 1\n(1) Part 2.3, Division 4, Subdivision 1, as amended by the amending\nAct, applies only in relation to an application for a temporary\nprotection order that is made after the commencement of section 20\nof the amending Act (the commencement).\n(2) Part 2.3, Division 4, Subdivision 1, as in force immediately before\nfor a temporary protection order that was made but had not been\ndecided before the commencement.\n","sortOrder":328},{"sectionNumber":"341","sectionType":"section","heading":"Application of Part 2.3, Division 4, Subdivision 3","content":"341 Application of Part 2.3, Division 4, Subdivision 3\n(1) Part 2.3, Division 4, Subdivision 3, as amended by the amending\nAct, applies only in relation to an application for a protection order\nthat is made after the commencement of section 22 of the\namending Act (the commencement).\n(2) Part 2.3, Division 4, Subdivision 3, as in force immediately before\nfor a protection order that was made but had not been decided\n\n","sortOrder":329},{"sectionNumber":"Div 5","sectionType":"division","heading":"Transitional matters for Territory Families Legislation Amendment Act 2021","content":"Division 5 Transitional matters for Territory Families Legislation Amendment Act 2021\nCare and Protection of Children Act 2007 168\n","sortOrder":330},{"sectionNumber":"342","sectionType":"section","heading":"Application of Part 2.3, Division 4, Subdivision 4","content":"342 Application of Part 2.3, Division 4, Subdivision 4\n(1) Part 2.3, Division 4, Subdivision 4, as amended by the amending\nAct, applies only in relation to an application for a permanent care\norder that is made after the commencement of section 30 of the\namending Act (the commencement).\n(2) Part 2.3, Division 4, Subdivision 4, as in force immediately before\nfor a permanent care order that was made but had not been\ndecided before the commencement.\nDivision 5 Transitional matters for Territory Families\nLegislation Amendment Act 2021\n","sortOrder":331},{"sectionNumber":"343","sectionType":"section","heading":"Application of section 308","content":"343 Application of section 308\n(1) Section 308, as in force before the commencement of section 25 of\nthe Territory Families Legislation Amendment Act 2021 (the\ncommencement), continues to apply in relation to offences\ncommitted before the commencement.\n(2) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nCare and Protection of Children Act 2007 169\nsection 311\nCommunity Welfare Act 1983 Act No. 76 of 1983\nCommunity Welfare Amendment Act 1989 Act No. 70 of 1989\nCommunity Welfare Amendment Act 1995 Act No. 54 of 1995\nCommunity Welfare Amendment Act 1999 Act No. 6 of 1999\nCommunity Welfare Amendment Act 2002 Act No. 61 of 2002\n\nCare and Protection of Children Act 2007 170\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCare and Protection of Children Act 2007 (Act No. 37, 2007)\nAssent date 12 December 2007\nCommenced Ch 1 and pts 3.3 and 5.1: 7 May 2008 (Gaz G18, 7 May 2008,\np 4); Ch 2 (exc pt 2.1, div 6 and s 127), Ch 3, pts 3.1 and 3.2\n(exc s 187) and Ch 5, pts 5.2 to 5.6: 8 December 2008 (Gaz\nG47, 26 November 2008, p 6); Ch 4: 9 June 2009 (Gaz S27,\n1 June 2009); Ch 2, pt 2.1, div 6: 18 August 2010 (Gaz S43,\n18 August 2010); s 187: 1 July 2011 (Gaz S32,\n20 June 2011); s 127: nc\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nCare and Protection of Children Amendment Act 2009 (Act No. 23, 2009)\nAssent date 1 September 2009\nCommenced 1 September 2009\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\n\nCare and Protection of Children Act 2007 171\nCare and Protection of Children (Children's Commissioner) Amendment Act 2011 (Act\nNo. 9, 2011)\nAssent date 18 April 2011\nCommenced 1 July 2011 (Gaz S32, 20 June 2011)\nPrivate Hospitals and Nursing Homes Amendment Act 2011 (Act No. 16, 2011)\nAssent date 20 May 2011\nCommenced 20 May 2011\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nStatute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)\nAssent date 21 December 2011\nCommenced 27 January 2012 ((other than amdts to Darwin Port\nCorporation Act and Marine Act listed in the Sch to Act) Gaz\nS3, 27 January 2012))\nEducation and Care Services (National Uniform Legislation) Act 2011 (Act No. 46, 2011)\nAssent date 21 December 2011\nCommenced 1 January 2012 (Gaz S76, 23 December 2011)\nCare and Protection of Children Amendment (Information Sharing) Act 2012 (Act No. 9,\n2012)\nAssent date 27 April 2012\nCommenced 1 July 2012 (Gaz G24, 13 June 2012, p 4)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nCare and Protection of Children Amendment (Legal Representation and Other Matters)\nAct 2013 (Act No. 32, 2013)\nAssent date 18 December 2013\nCommenced 1 January 2014 (Gaz S72, 23 December 2013)\nChildren's Commissioner Act 2013 (Act No. 33, 2013)\nAssent date 18 December 2013\nCommenced 1 January 2014 (Gaz S72, 23 December 2013)\nCare and Protection of Children Amendment (Charter of Rights) Act 2014 (Act No. 2,\n2014)\nAssent date 20 March 2014\nCommenced 25 June 2014 (Gaz G25, 25 June 2014, p 1)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\n\nCare and Protection of Children Act 2007 172\nCare and Protection of Children Amendment Act 2015 (Act No. 3, 2015)\nAssent date 25 March 2015\nCommenced 1 July 2015 (Gaz G22, 3 June 2015, p 1)\nEducation Act 2015 (Act No. 28, 2015)\nAssent date 10 December 2015\nCommenced pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016;\nrem: 1 January 2016 (s 2)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nExpungement of Historical Homosexual Offence Records Act 2018 (Act No. 8, 2018)\nAssent date 23 May 2018\nCommenced 14 November 2018 (Gaz G46, 14 November 2018, p 1)\nCare and Protection of Children Amendment Act 2019 (Act No. 24, 2019)\nAssent date 2 September 2019\nCommenced 2 March 2020 (Gaz G5, 5 February 2020, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\nTerritory Families Legislation Amendment Act 2021 (Act No. 25, 2021)\nAssent date 15 December 2021\nCommenced pt 4: 13 January 2022 (Gaz S2, 13 January 2022);\nrem: 1 February 2022 (Gaz S3, 31 January 2022)\nCriminal Code Amendment (Age of Criminal Responsibility) Act 2022 (Act No. 30, 2022)\nAssent date 16 December 2022\nCommenced 1 August 2023 (Gaz S50, 24 July 2023)\nCare and Protection of Children Amendment Act 2023 (Act No. 8, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 13, 24, 43, 57, 60, 92,\n145, 185, 199, 208, 209, 293C, 312, 323, 329, 331, 332 and 335.\n\nCare and Protection of Children Act 2007 173\n4 LIST OF AMENDMENTS\ns 5 amd No. 46, 2011, s 19; No. 9, 2012, s 4; No. 33, 2013, s 62\ns 4 amd No. 32, 2013, s 19\ns 6 amd No. 8, 2023, s 4\ns 7 amd No. 25, 2021, s 4\ns 8 amd No. 24, 2019, s 4\ns 8A ins No. 25, 2021, s 5\ns 10 amd No. 24, 2019, s 5\ns 10A ins No. 24, 2019, s 6\ns 12 amd No. 24, 2019, s 7; No. 8, 2023, s 5\ns 12A ins No. 8, 2023, s 6\ns 13 amd No. 28, 2008, s 3; No. 18, 2010, s 89; No. 16, 2011, s 19; No. 9, 2011,\ns 4; No. 46, 2011, s 20; No. 44, 2011, s 27; No. 9, 2012, s 5; No. 17, 2012,\ns 55; No. 33, 2013, s 63; No. 19, 2014, s 26; No. 3, 2015, s 4; No. 28, 2015,\ns 195; No. 9, 2016, s 51; No. 25, 2021, s 6\ns 15 amd No. 25, 2021, s 7\ns 22 amd No. 32, 2013, s 11\ns 23 amd No. 3, 2015, s 5\ns 24 amd No. 9, 2011, s 5; No. 33, 2013, s 64\ns 26 sub No. 23, 2009, s 3\namd No. 20, 2023, s 54\nss 27 – 29 amd No. 23, 2009, s 6\ns 30 amd No. 23, 2009, s 4; No. 46, 2011, s 21\ns 31 amd No. 32, 2013, s 19\ns 32 amd No. 23, 2009, s 6\ns 34 amd No. 9, 2011, s 23; No. 46, 2011, s 22; No. 9, 2012, s 6; No. 25, 2021, s 8\ns 37 amd No. 9, 2011, s 6\ns 38 amd No. 25, 2021, s 9\ns 42 amd No. 24, 2019, s 8\ns 43 amd No. 33, 2013, s 65; No. 25, 2021, s 10\ns 44 amd No. 46, 2011, s 23\ns 51 amd No. 3, 2015, s 6\ns 52 amd No. 32, 2013, s 12\ns 53 amd No. 3, 2015, s 7\ns 57 amd No. 32, 2013, s 13; No. 27, 2014, s 57\ns 60 amd No. 44, 2011, s 27; No. 32, 2013, s 14; No. 4, 2017, s 34\ns 63 amd No. 32, 2013, s 15; No. 9, 2016, s 52\nch 2\ndiv 1A hdg ins No. 2, 2014, s 4\ns 68A ins No. 2, 2014, s 4\ns 70 amd No. 24, 2019, s 9; No. 25, 2021, s 11\ns 71 amd No. 24, 2019, s 10\ns 72A ins No. 24, 2019, s 11\namd No. 8, 2023, s 8\ns 73 amd No. 24, 2019, s 12\ns 74 amd No. 24, 2019, s 13; No. 8, 2023, s 9\ns 76 amd No. 24, 2019, s 14\nch 2\ndiv 4A hdg ins No. 32, 2013, s 7\ns 83A ins No. 32, 2013, s 7\ns 83B ins No. 32, 2013, s 7\namd No. 25, 2021, s 12\ns 84 amd No. 32, 2013, s 8\ns 84A ins No. 32, 2013, s 9\n\nCare and Protection of Children Act 2007 174\ns 84B ins No. 32, 2013, s 9\namd No. 25, 2021, s 13\nss 84C – 84D ins No. 32, 2013, s 9\ns 85 sub No. 32, 2013, s 9\nch 2\ndiv 5 hdg sub No. 24, 2019, s 15\ns 85A ins No. 24, 2019, s 15\ns 85B ins No. 25, 2021, s 14\ns 86 amd No. 24, 2019, s 16; No. 25, 2021, s 15\ns 87 amd No. 9, 2016, s 53\ns 88 sub No. 9, 2016, s 54\nch 2\ndiv 2 hdg sub No. 9, 2016, s 54\ns 89 sub No. 9, 2016, s 54\ns 90 amd No. 9, 2016, s 55\ns 91 amd No. 9, 2016, s 56\ns 101 amd No. 8, 2023, s 10\ns 103 amd No. 3, 2015, s 8\ns 104 amd No. 40, 2010, s 118\ns 104A ins No. 24, 2019, s 17\ns 106 amd No. 3, 2015, s 9; No. 24, 2019, s 18\ns 108 amd No. 32, 2013, s 16\ns 109 amd No. 3, 2015, s 10\ns 110 amd No. 3, 2015, s 11\ns 121 amd No. 24, 2019, s 19\ns 122 amd No. 24, 2019, s 20\ns 123 amd No. 24, 2019, s 21\ns 124 amd No. ,2013, s 19\nsub No. 24, 2019, s 22\ns 126 amd No. 9, 2012, s 7\ns 128 amd No. 24, 2019, s 23\ns 129 amd No. 24, 2019, s 24\ns 130 amd No. 24, 2019, s 25\ns 135 amd No. 32, 2013, s 17\ns 137 amd No. 32, 2013, s 19; No. 24, 2019, s 26\nch 2\npt 2.3, div 4\nsdiv 4 hdg ins No. 3, 2015, s 12\ns 137A ins No. 3, 2015, s 12\ns 137B ins No. 3, 2015, s 12\namd No. 24, 2019, s 27\ns 137C ins No. 3, 2015, s 12\nsub No. 24, 2019, s 28\nss 137D –\n137M ins No. 3, 2015, s 12\ns 138 amd No. 3, 2015, s 13\ns 139 amd No. 3, 2015, s 14; No. 24, 2019, s 29\ns 143 amd No. 3, 2015, s 15\nch 2\ndiv 6A hdg ins No. 32, 2013, s 4\nss 143A –\n143E ins No. 32, 2013, s 4\nch 2\ndiv 6B hdg ins No. 8, 2023, s 11\n\nCare and Protection of Children Act 2007 175\nss 143F –\n143H ins No. 8, 2023, s 11\ns 146 rep No. 32, 2013, s 5\ns 173 amd No. 9, 2016, s 57\ns 175 amd No. 9, 2016, s 58\ns 176 amd No. 9, 2016, s 59\ns 177 amd No. 25, 2009, s 10\ns 179 amd No. 9, 2016, s 60\nch 2\npt 2.5 hdg ins No. 25, 2021, s 16\ns 183A ins No. 25, 2021, s 16\nch 2\npt 2.6 hdg ins No. 25, 2021, s 16\ns 183B ins No. 25, 2021, s 16\ns 185 amd No. 46, 2011, s 24; No. 28, 2015, s 195\ns 190 amd No. 8, 2018, s 35; No. 25, 2021, s 17; No. 30, 2022, s 10\ns 195 amd No. 30, 2011, s 3\ns 199 amd No. 28, 2015, s 195; No. 26, 2020, s 3\ns 204 amd No. 32, 2013, s 18\ns 211 amd No. 9, 2011, s 23; No. 46, 2011, s 25\nch 4 hdg rep No. 46, 2011, s 26\nch 4\npt 4.1 hdg rep No. 46, 2011, s 26\nch 5\npt 5.1 hdg rep No. 33, 2013, s 66\nss 223 – 232 rep No. 46, 2011, s 26\ns 233 amd No. 25, 2009, s 10\nrep No. 46, 2011, s 26\nch 4\npt 4.2 hdg rep No. 46, 2011, s 26\nch 4\npt 4.3 hdg rep No. 46, 2011, s 26\nss 234 – 240 rep No. 46, 2011, s 26\nch 4\npt 4.4 hdg rep No. 46, 2011, s 26\nss 241 – 246 rep No. 46, 2011, s 26\nch 4\npt 4.5 hdg rep No. 46, 2011, s 26\nss 247 – 250 rep No. 46, 2011, s 26\nch 4\npt 4.6 hdg rep No. 46, 2011, s 26\nss 251 – 253 rep No. 46, 2011, s 26\nch 4\npt 4.7 hdg rep No. 46, 2011, s 26\nss 254 – 256 rep No. 46, 2011, s 26\nch 4\npt 4.8 hdg rep No. 46, 2011, s 26\ns 257 rep No. 46, 2011, s 26\nch 5\ndiv 1 hdg rep No. 33, 2013, s 66\ns 258 amd No. 9, 2011, s 7\ns 259 rep No. 33, 2013, s 66\n\nCare and Protection of Children Act 2007 176\nss 260 – 261 sub No. 9, 2011, s 8\ns 262 rep No. 33, 2013, s 66\nch 5\ndiv 2 hdg rep No. 33, 2013, s 66\nch 5\nsdiv 1 hdg rep No. 33, 2013, s 66\ns 263 amd No. 9, 2011, s 23\ns 264 amd No. 9, 2011, s 9\ns 265 rep No. 33, 2013, s 66\nch 5\nsdiv 2 hdg rep No. 33, 2013, s 66\ns 266 amd No. 9, 2011, s 10\nss 267 – 268 rep No. 33, 2013, s 66\nch 5\nsdiv 3 hdg rep No. 9, 2011, s 17\nch 5\ndiv 3 hdg ins No. 9, 2011, s 15\nss 269 – 270 sub No. 9, 2011, s 16\ndiv 4 hdg ins No. 9, 2011, s 16\ns 271 amd No. 40, 2010, s 118\nsub No. 9, 2011, s 16\ns 272 sub No. 9, 2011, s 16\nch 5\ndiv 5 hdg ins No. 9, 2011, s 16\ns 273 amd No. 9, 2011, s 18\nss 274 – 277 rep No. 32, 2013, s 66\nch 5\ndiv 6 hdg renum No. 9, 2011, s 11\ns 278 amd No. 9, 2011, s 19; No. 44, 2011, s 27\ns 279 amd No. 9, 2011, s 20\n\nCare and Protection of Children Act 2007 177\nch 5\ndiv 7 hdg renum No. 9, 2011, s 12\nss 280 – 281 amd No. 9, 2011, s 23\ns 282 rep No. 33, 2013, s 66\nch 5\ndiv 8 hdg renum No. 9, 2011, s 13\ns 283 amd No. 9, 2011, s 23\ns 284 rep No. 33, 2013, s 66\nch 5\ndiv 9 hdg renum No. 9, 2011, s 14\nss 285 – 290 rep No. 33, 2013, s 66\ns 291 amd No. 40, 2010, s 118\nss 292 – 293 rep No. 33, 2013, s 66\nch 5\npt 5.1A hdg ins No. 9, 2012, s 8\nch 5\ndiv 1 hdg ins No. 9, 2012, s 8\ns 293A ins No. 9, 2012, s 8\namd No. 25, 2021, s 19\ns 293B ins No. 9, 2012, s 8\namd No. 25, 2021, s 20\ns 293C ins No. 9, 2012, s 8\namd No. 28, 2015, s 195; No. 25, 2021, s 21\ndiv 2 hdg ins No. 9, 2012, s 8\ns 293D ins No. 9, 2012, s 8\namd No. 25, 2021, s 22\ns 293E ins No. 9, 2012, s 8\namd No. 25, 2021, s 23\nch 5\ndiv 3 hdg ins No. 9, 2012, s 8\nss 293F –\n293J ins No. 9, 2012, s 8\ns 293K ins No. 25, 2021, s 24\nch 5\npt 5.1B hdg ins No. 8, 2023, s 12\nss 293L –\n293S ins No. 8, 2023, s 12\ns 299 amd No. 33, 2013, s 67\ns 301 amd No. 3, 2015, s 16\ns 304 amd No. 32, 2013, s 10\ns 308 amd No. 32, 2013, s 19\nsub No. 25, 2021, s 25\ns 308A ins No. 25, 2021, s 25\nch 5\npt 5.5\ndiv 4 hdg rep No. 46, 2011, s 26\n\nCare and Protection of Children Act 2007 178\nss 324 – 328 rep No. 46, 2011, s 26\nch 5\npt 5.6 hdg exp No. 37, 2007, s 345\nins No. 23, 2009, s 5\namd No. 9, 2011, s 21\nch 5\ndiv 1 hdg ins No. 9, 2011, s 21\ns 334 exp No. 37, 2007, s 345\nins No. 23, 2009, s 5\nch 5\ndiv 1 hdg exp No. 37, 2007, s 345\nch 5\ndiv 2 hdg ins No. 9, 2011, s 22\nch 5\ndiv 2 note ins No. 33, 2013, s 68\ns 335 exp No. 37, 2007, s 345\nins No. 9, 2011, s 22\nch 5\ndiv 2 hdg exp No. 37, 2007, s 345\nss 336 – 344 exp No. 37, 2007, s 345\nch 5\ndiv 3 hdg exp No. 37, 2007, s 345\ns 345 exp No. 37, 2007, s 345\nch 5\ndiv 3 hdg ins No. 32, 2013, s 6\ns 336 ins No. 32, 2013, s 6\nch 5\ndiv 4 hdg ins No. 24, 2019, s 30\nss 337 – 342 ins No. 24, 2019, s 30\nch 5\ndiv 5 hdg ins No. 25, 2021, s 26\ns 343 ins No. 25, 2021, s 26","sortOrder":332}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 2007 Act replaced the Community Welfare Act 1983, but subsequent amendments have significantly expanded its scope. Major additions include: permanent care orders (2015), a charter of rights for children in care (2014), legal representation for children (2013), a prenatal support provision (2021), a national database information sharing scheme (2021), a child wellbeing and safety partnership framework (2023), and expanded information sharing powers (2012, 2021). These changes have broadened government powers, created new obligations on private individuals and organisations, and increased the reach of the Act beyond its initial focus on immediate child protection."},"complexity_factors":["Over 100 defined terms, many with cross-references to other Acts","Lengthy act with 5 chapters, multiple parts, and over 70 sections","Numerous cross-references between sections and to external legislation (e.g., Criminal Code, Education Act)","Conditional logic in orders (e.g., multiple types of protection orders with different durations and consent requirements)","Detailed procedural requirements for court applications, reviews, and appeals","Multiple layers of delegation and authorised officer powers","Extensive transitional provisions for multiple amending acts","Complex information sharing framework with exceptions and conditions"],"plain_english_summary":"This is the main child protection law for the Northern Territory. It sets out how the government can step in to protect children from harm or exploitation. Key parts include:\n\n- **Mandatory reporting**: Anyone who suspects a child has been harmed or is at risk must report it to the authorities. Health professionals and certain workers have extra duties. Failure to report can lead to fines or jail.\n- **Powers to investigate and act**: The Chief Executive Officer (CEO) and police can make inquiries, investigate, and take children into temporary 'provisional protection' (up to 72 hours) without a court order in emergencies. They can also arrange mediation conferences with families.\n- **Court orders**: The Local Court can issue temporary protection orders (14 days), assessment orders (to examine a child or parent), protection orders (which can give daily care or parental responsibility to the CEO or another person for up to 2 years or longer), and permanent care orders (transferring parental responsibility until the child turns 18). The court must always put the child's best interests first.\n- **Care plans**: When a child is in the CEO's care, the CEO must prepare and regularly review a care plan involving the child, family, and carers.\n- **Screening for child-related work**: People who work with children must hold a clearance notice (background check) to show they pose no unacceptable risk. Employers must verify this. The Screening Authority decides on clearances, and decisions can be reviewed by the Local Court.\n- **Child employment restrictions**: The CEO can prohibit or impose conditions on a child's employment if it is harmful or exploitative. Employers cannot make children under 15 work between 10 pm and 6 am, and cannot require work that is harmful or exploitative.\n- **Child deaths review**: A committee reviews child deaths to help prevent future deaths, maintains a register, and conducts research.\n- **Information sharing**: The law allows various agencies (schools, health services, police, etc.) to share information about a child's safety and wellbeing, overriding privacy concerns. There is also a framework for data access agreements between government and service providers.\n- **Principles**: The Act emphasises that children should remain with their family unless there is an unacceptable risk, that Aboriginal children have special cultural rights (e.g., placement priorities), and that intervention should be the least intrusive possible."},"kimi_summary":{"_metrics":{"completionTokens":1033},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2007 scope. Major additions include: the permanent care order system (2015), legal representation for children and young parents (2013, 2023), the Charter of Rights for children in care (2014), enhanced transition-to-independence support including financial assistance to age 22 (2019, 2021), the Child Wellbeing and Safety Partnership Framework (2023), prenatal support provisions (2021), and strengthened information sharing mechanisms (2012, 2021). The 2023 amendments also added specific protections for children with disabilities and expanded Aboriginal child placement principles. These changes reflect a shift from reactive child removal to proactive family support, lifelong outcomes for care leavers, and systemic partnership approaches with Aboriginal communities."},"complexity_factors":["Extensive cross-referencing between Parts (e.g., protection orders in Part 2.3 interact with care plans in Part 2.2 and information sharing in Part 5.1A)","Multiple overlapping powers for CEO, authorised officers, and police with subtle distinctions (sections 32-40, 51-54, 57-65)","Nested conditional logic for court orders — temporary protection, assessment, protection, and permanent care orders each with distinct thresholds, durations, and procedural requirements (Divisions 4.1-4.4)","47+ defined terms in section 13, many with their own sub-definitions (e.g., 'child-related employment' in section 185 has 17 categories plus exemptions)","Complex information sharing framework with multiple authorities, request/response protocols, and exceptions (Part 5.1A, sections 293A-293K)","Detailed transitional provisions preserving old law operations across multiple amending Acts (Part 5.6, Divisions 1-5)","Aboriginal-specific provisions with layered requirements (section 12: kinship participation, cultural authority, placement hierarchy, healing focus)","Interstate transfer mechanisms with dual pathways (CEO-initiated vs Court-ordered) and registration effects (Part 2.4, sections 152-183)","Multiple review and appeal pathways with varying standards (Local Court review of Screening Authority decisions under section 194 vs Supreme Court appeals under Division 6)"],"plain_english_summary":"This is the **Northern Territory's main child protection law**, which sets out how the government safeguards children from harm and exploitation.\n\n**What it does:**\n\n- **Makes reporting child abuse mandatory** — Certain professionals (health workers, teachers, police) and anyone with reasonable belief must report if they think a child is suffering or at risk of harm, sexual abuse, or exploitation. Failing to report can result in heavy fines.\n\n- **Gives the Chief Executive Officer (CEO) of Territory Families powers to intervene** — The CEO can investigate concerns, take children into temporary protection (up to 72 hours), arrange emergency placements, and apply to court for protection orders.\n\n- **Creates a specialised court process** — The Local Court's \"family matters division\" handles child protection cases with less formality, prioritising the child's best interests. Courts can make:\n  - **Temporary protection orders** (14 days, emergency custody to CEO)\n  - **Assessment orders** (medical/psychological examinations, 28 days)\n  - **Protection orders** (supervision, daily care, or parental responsibility for up to 2 years or until age 18)\n  - **Permanent care orders** (parental responsibility to a carer until child turns 18)\n\n- **Establishes a Charter of Rights** for children in government care, requiring care plans, regular reviews, and transition support for young people leaving care (including financial help until age 22).\n\n- **Screens people working with children** — Creates a \"clearance notice\" system where the Screening Authority checks criminal histories and can bar unsuitable people from child-related employment.\n\n- **Regulates child employment** — Prohibits harmful work, night work for under-15s, and requires CEO approval in some cases.\n\n- **Prevents child deaths** — Establishes a Child Deaths Review and Prevention Committee to research causes and recommend prevention strategies.\n\n- **Enables information sharing** — Allows government agencies, schools, health services and others to share information about children's safety, overriding normal privacy restrictions when necessary.\n\n- **Supports Aboriginal children specifically** — Requires culturally appropriate decisions, prioritises placement with family/kin/community, and mandates healing-focused, trauma-informed approaches.\n\n**Who it affects:** Children under 18, their families, foster carers, child protection workers, courts, schools, health services, employers of children, and anyone working with children.\n\n**Why it matters:** This law balances protecting children from serious harm with preserving family connections, while creating clear legal pathways for government intervention when families cannot keep children safe."}},"importantCases":[],"_links":{"self":"/api/acts/care-and-protection-of-children-act-2007","history":"/api/acts/care-and-protection-of-children-act-2007/history","analysis":"/api/acts/care-and-protection-of-children-act-2007/analysis","conflicts":"/api/acts/care-and-protection-of-children-act-2007/conflicts","importantCases":"/api/acts/care-and-protection-of-children-act-2007/important-cases","documents":"/api/acts/care-and-protection-of-children-act-2007/documents"}}