{"id":"qld:act-2016-023","name":"Director of Child Protection Litigation Act 2016","slug":"director-of-child-protection-litigation-act-2016","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"23 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29631,"registerId":"qld-act-2016-023-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Director of Child Protection Litigation Act 2016 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on 1 July 2016.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Purpose and principles","content":"## Purpose and principles","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main purpose of Act","content":"### sec.4 Main purpose of Act\n\nThe main purpose of this Act is to establish the Director of Child Protection Litigation to apply for child protection orders and conduct child protection proceedings.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Paramount principle","content":"### sec.5 Paramount principle\n\nThe main principle for administering this Act is that the safety, wellbeing and best interests of a child, both through childhood and for the rest of his or her life, are paramount.\nIf the director is making a decision under this Act about a child protection proceeding where there is conflict between the child’s safety, wellbeing and best interests, and the interests of adults involved in the proceeding, the conflict must be resolved in favour of the child’s safety, wellbeing and best interests.\ns 5 amd 2017 No. 44 s 84","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Other general principles","content":"### sec.6 Other general principles\n\nThis Act is to be administered having regard to the following principles—\ncollaboration between the director and chief executive (child safety) best achieves fair, timely and consistent outcomes for the protection of children;\nin protecting a child, the director should only take the action that is warranted in the circumstances, including, for example, by applying for the least intrusive child protection order;\nthe director should consider whether sufficient, relevant and appropriate evidence is available in deciding whether to make an application for a child protection order;\neach principle stated in the Child Protection Act 1999 , section 5B for ensuring the safety, wellbeing and best interests of a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act, including, for example—\na child has a right to be protected from harm or risk of harm; and\na delay in making a decision in relation to a child should be avoided, unless appropriate for the child;\neach principle stated in the Child Protection Act 1999 , section 5BA for achieving permanency for a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act;\neach additional principle applying in relation to an Aboriginal or Torres Strait Islander child stated in the Child Protection Act 1999 , section 5C .\nAlso, each principle relevant to exercising powers and making decisions under the Child Protection Act 1999 , section 5D (1) applies to the extent the principle is capable of being applied to a person exercising a power or making a decision under this Act.\nIn addition, the Child Protection Act 1999 , section 5E applies in relation to a person giving a child an opportunity to participate in the exercise of a power or the making of a decision under this Act.\nIn this section—\npermanency , for a child, see the Child Protection Act 1999 , section 5BA (3) .\ns 6 amd 2017 No. 44 s 85 ; 2022 No. 7 s 132 sch 1\n(sec.6-ssec.1) This Act is to be administered having regard to the following principles— collaboration between the director and chief executive (child safety) best achieves fair, timely and consistent outcomes for the protection of children; in protecting a child, the director should only take the action that is warranted in the circumstances, including, for example, by applying for the least intrusive child protection order; the director should consider whether sufficient, relevant and appropriate evidence is available in deciding whether to make an application for a child protection order; each principle stated in the Child Protection Act 1999 , section 5B for ensuring the safety, wellbeing and best interests of a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act, including, for example— a child has a right to be protected from harm or risk of harm; and a delay in making a decision in relation to a child should be avoided, unless appropriate for the child; each principle stated in the Child Protection Act 1999 , section 5BA for achieving permanency for a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act; each additional principle applying in relation to an Aboriginal or Torres Strait Islander child stated in the Child Protection Act 1999 , section 5C .\n(sec.6-ssec.2) Also, each principle relevant to exercising powers and making decisions under the Child Protection Act 1999 , section 5D (1) applies to the extent the principle is capable of being applied to a person exercising a power or making a decision under this Act.\n(sec.6-ssec.3) In addition, the Child Protection Act 1999 , section 5E applies in relation to a person giving a child an opportunity to participate in the exercise of a power or the making of a decision under this Act.\n(sec.6-ssec.4) In this section— permanency , for a child, see the Child Protection Act 1999 , section 5BA (3) .\n- (a) collaboration between the director and chief executive (child safety) best achieves fair, timely and consistent outcomes for the protection of children;\n- (b) in protecting a child, the director should only take the action that is warranted in the circumstances, including, for example, by applying for the least intrusive child protection order;\n- (c) the director should consider whether sufficient, relevant and appropriate evidence is available in deciding whether to make an application for a child protection order;\n- (d) each principle stated in the Child Protection Act 1999 , section 5B for ensuring the safety, wellbeing and best interests of a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act, including, for example— (i) a child has a right to be protected from harm or risk of harm; and (ii) a delay in making a decision in relation to a child should be avoided, unless appropriate for the child;\n- (i) a child has a right to be protected from harm or risk of harm; and\n- (ii) a delay in making a decision in relation to a child should be avoided, unless appropriate for the child;\n- (e) each principle stated in the Child Protection Act 1999 , section 5BA for achieving permanency for a child, to the extent the principle is capable of being applied to a person performing a function or exercising a power under this Act;\n- (f) each additional principle applying in relation to an Aboriginal or Torres Strait Islander child stated in the Child Protection Act 1999 , section 5C .\n- (i) a child has a right to be protected from harm or risk of harm; and\n- (ii) a delay in making a decision in relation to a child should be avoided, unless appropriate for the child;","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Director of Child Protection Litigation","content":"# Director of Child Protection Litigation","sortOrder":9},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Director of Child Protection Litigation","content":"## Director of Child Protection Litigation","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment","content":"### sec.7 Establishment\n\nThere must be a Director of Child Protection Litigation.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Director represents the State","content":"### sec.8 Director represents the State\n\nThe director represents the State.\nWithout limiting subsection (1) , the director has the status, privileges and immunities of the State.\n(sec.8-ssec.1) The director represents the State.\n(sec.8-ssec.2) Without limiting subsection (1) , the director has the status, privileges and immunities of the State.","sortOrder":12},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions","content":"### sec.9 Functions\n\nThe director’s main functions are to do the following under the Child Protection Act 1999 —\nprepare and apply for child protection orders, and conduct child protection proceedings, under chapter 2 , part 4 of that Act;\nprepare and apply for transfers of a child protection order or child protection proceeding to a participating State under chapter 7 , part 2 or 4 of that Act;\nprepare, institute and conduct appeals against—\ndecisions about applications for child protection orders under chapter 3 , part 4 of that Act; and\ndecisions to transfer a child protection order or child protection proceeding to a participating State under chapter 7 , part 2 or 4 of that Act.\nIn addition, the director has the following functions—\nproviding legal advice to the chief executive (child safety) in relation to—\nthe functions of the chief executive (child safety) under the Adoption Act 2009 and the Child Protection Act 1999 ; and\nother matters relating to the safety, wellbeing or protection of a child;\nrepresenting the State in legal proceedings under the Adoption Act 2009 and the Child Protection Act 1999 or other proceedings relating to the safety, wellbeing or protection of a child other than proceedings mentioned in subsection (1) ;\nfor a matter involving the State to which the Convention on the Civil Aspects of International Child Abduction applies under the Family Law Act 1975 (Cwlth) , section 111B —\nproviding advice to the State about the matter; and\nrepresenting the State in proceedings relating to the matter;\nany other function given to the director by this Act or another Act.\n(sec.9-ssec.1) The director’s main functions are to do the following under the Child Protection Act 1999 — prepare and apply for child protection orders, and conduct child protection proceedings, under chapter 2 , part 4 of that Act; prepare and apply for transfers of a child protection order or child protection proceeding to a participating State under chapter 7 , part 2 or 4 of that Act; prepare, institute and conduct appeals against— decisions about applications for child protection orders under chapter 3 , part 4 of that Act; and decisions to transfer a child protection order or child protection proceeding to a participating State under chapter 7 , part 2 or 4 of that Act.\n(sec.9-ssec.2) In addition, the director has the following functions— providing legal advice to the chief executive (child safety) in relation to— the functions of the chief executive (child safety) under the Adoption Act 2009 and the Child Protection Act 1999 ; and other matters relating to the safety, wellbeing or protection of a child; representing the State in legal proceedings under the Adoption Act 2009 and the Child Protection Act 1999 or other proceedings relating to the safety, wellbeing or protection of a child other than proceedings mentioned in subsection (1) ; for a matter involving the State to which the Convention on the Civil Aspects of International Child Abduction applies under the Family Law Act 1975 (Cwlth) , section 111B — providing advice to the State about the matter; and representing the State in proceedings relating to the matter; any other function given to the director by this Act or another Act.\n- (a) prepare and apply for child protection orders, and conduct child protection proceedings, under chapter 2 , part 4 of that Act;\n- (b) prepare and apply for transfers of a child protection order or child protection proceeding to a participating State under chapter 7 , part 2 or 4 of that Act;\n- (c) prepare, institute and conduct appeals against— (i) decisions about applications for child protection orders under chapter 3 , part 4 of that Act; and (ii) decisions to transfer a child protection order or child protection proceeding to a participating State under chapter 7 , part 2 or 4 of that Act.\n- (i) decisions about applications for child protection orders under chapter 3 , part 4 of that Act; and\n- (ii) decisions to transfer a child protection order or child protection proceeding to a participating State under chapter 7 , part 2 or 4 of that Act.\n- (i) decisions about applications for child protection orders under chapter 3 , part 4 of that Act; and\n- (ii) decisions to transfer a child protection order or child protection proceeding to a participating State under chapter 7 , part 2 or 4 of that Act.\n- (a) providing legal advice to the chief executive (child safety) in relation to— (i) the functions of the chief executive (child safety) under the Adoption Act 2009 and the Child Protection Act 1999 ; and (ii) other matters relating to the safety, wellbeing or protection of a child;\n- (i) the functions of the chief executive (child safety) under the Adoption Act 2009 and the Child Protection Act 1999 ; and\n- (ii) other matters relating to the safety, wellbeing or protection of a child;\n- (b) representing the State in legal proceedings under the Adoption Act 2009 and the Child Protection Act 1999 or other proceedings relating to the safety, wellbeing or protection of a child other than proceedings mentioned in subsection (1) ;\n- (c) for a matter involving the State to which the Convention on the Civil Aspects of International Child Abduction applies under the Family Law Act 1975 (Cwlth) , section 111B — (i) providing advice to the State about the matter; and (ii) representing the State in proceedings relating to the matter;\n- (i) providing advice to the State about the matter; and\n- (ii) representing the State in proceedings relating to the matter;\n- (d) any other function given to the director by this Act or another Act.\n- (i) the functions of the chief executive (child safety) under the Adoption Act 2009 and the Child Protection Act 1999 ; and\n- (ii) other matters relating to the safety, wellbeing or protection of a child;\n- (i) providing advice to the State about the matter; and\n- (ii) representing the State in proceedings relating to the matter;","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Applying for child protection orders and related orders","content":"### sec.10 Applying for child protection orders and related orders\n\nThe director may, on behalf of the State, apply to the Childrens Court for the following—\na child protection order for a child under the Child Protection Act 1999 , chapter 2 , part 4 ;\nan order transferring a child protection order or child protection proceeding to a participating State under the Child Protection Act 1999 , section 212 or 225 .\nSubject to section 14 , no other person may make an application mentioned in subsection (1) .\n(sec.10-ssec.1) The director may, on behalf of the State, apply to the Childrens Court for the following— a child protection order for a child under the Child Protection Act 1999 , chapter 2 , part 4 ; an order transferring a child protection order or child protection proceeding to a participating State under the Child Protection Act 1999 , section 212 or 225 .\n(sec.10-ssec.2) Subject to section 14 , no other person may make an application mentioned in subsection (1) .\n- (a) a child protection order for a child under the Child Protection Act 1999 , chapter 2 , part 4 ;\n- (b) an order transferring a child protection order or child protection proceeding to a participating State under the Child Protection Act 1999 , section 212 or 225 .","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Engaging lawyers","content":"### sec.11 Engaging lawyers\n\nThe director may engage appropriately qualified lawyers to assist the director in carrying out the director’s functions under this Act.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Powers","content":"### sec.12 Powers\n\nThe director has the powers given under this Act.\nAlso, the director has the power to do all things necessary or convenient to be done in performing the director’s functions.\n(sec.12-ssec.1) The director has the powers given under this Act.\n(sec.12-ssec.2) Also, the director has the power to do all things necessary or convenient to be done in performing the director’s functions.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Not under Ministerial control","content":"### sec.13 Not under Ministerial control\n\nIn performing the director’s functions and exercising the director’s powers, the director is not under the control or direction of the Minister.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Delegation","content":"### sec.14 Delegation\n\nThe director may delegate the director’s functions and powers under this Act to—\nan appropriately qualified member of the director’s staff; or\na lawyer engaged under section 11 .\nHowever, a delegation of a function under section 10 (1) —\nmay be made only to a member of the director’s staff; and\nmust be in writing; and\nmay not permit a subdelegation of the function.\n(sec.14-ssec.1) The director may delegate the director’s functions and powers under this Act to— an appropriately qualified member of the director’s staff; or a lawyer engaged under section 11 .\n(sec.14-ssec.2) However, a delegation of a function under section 10 (1) — may be made only to a member of the director’s staff; and must be in writing; and may not permit a subdelegation of the function.\n- (a) an appropriately qualified member of the director’s staff; or\n- (b) a lawyer engaged under section 11 .\n- (a) may be made only to a member of the director’s staff; and\n- (b) must be in writing; and\n- (c) may not permit a subdelegation of the function.","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Referrals","content":"# Referrals","sortOrder":20},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Referral of child protection matters","content":"## Referral of child protection matters","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"When chief executive (child safety) must refer child protection matter","content":"### sec.15 When chief executive (child safety) must refer child protection matter\n\nThis section applies—\nif the chief executive (child safety) is satisfied—\na child is a child in need of protection; and\na child protection order is appropriate and desirable for the child’s protection; or\nif—\na child protection order, other than an interim order, is in force for the child; and\nthe chief executive (child safety) is satisfied the order is no longer appropriate and desirable for the child’s protection; or\nif—\na permanent care order is in force for the child; and\nthe chief executive (child safety) is satisfied—\nthe child’s permanent guardian under the order is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and\nthe order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests.\nThe chief executive (child safety) must refer the matter (a child protection matter ) to the director.\nIn this section—\ninterim order means an interim order under the Child Protection Act 1999 , section 67 in relation to a proceeding for a child protection order.\npermanent care order see the Child Protection Act 1999 , section 61 (g) .\npermanent guardian , of a child, see the Child Protection Act 1999 , schedule 3 .\ns 15 amd 2017 No. 44 s 86\n(sec.15-ssec.1) This section applies— if the chief executive (child safety) is satisfied— a child is a child in need of protection; and a child protection order is appropriate and desirable for the child’s protection; or if— a child protection order, other than an interim order, is in force for the child; and the chief executive (child safety) is satisfied the order is no longer appropriate and desirable for the child’s protection; or if— a permanent care order is in force for the child; and the chief executive (child safety) is satisfied— the child’s permanent guardian under the order is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests.\n(sec.15-ssec.2) The chief executive (child safety) must refer the matter (a child protection matter ) to the director.\n(sec.15-ssec.3) In this section— interim order means an interim order under the Child Protection Act 1999 , section 67 in relation to a proceeding for a child protection order. permanent care order see the Child Protection Act 1999 , section 61 (g) . permanent guardian , of a child, see the Child Protection Act 1999 , schedule 3 .\n- (a) if the chief executive (child safety) is satisfied— (i) a child is a child in need of protection; and (ii) a child protection order is appropriate and desirable for the child’s protection; or\n- (i) a child is a child in need of protection; and\n- (ii) a child protection order is appropriate and desirable for the child’s protection; or\n- (b) if— (i) a child protection order, other than an interim order, is in force for the child; and (ii) the chief executive (child safety) is satisfied the order is no longer appropriate and desirable for the child’s protection; or\n- (i) a child protection order, other than an interim order, is in force for the child; and\n- (ii) the chief executive (child safety) is satisfied the order is no longer appropriate and desirable for the child’s protection; or\n- (c) if— (i) a permanent care order is in force for the child; and (ii) the chief executive (child safety) is satisfied— (A) the child’s permanent guardian under the order is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and (B) the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests.\n- (i) a permanent care order is in force for the child; and\n- (ii) the chief executive (child safety) is satisfied— (A) the child’s permanent guardian under the order is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and (B) the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests.\n- (A) the child’s permanent guardian under the order is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and\n- (B) the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests.\n- (i) a child is a child in need of protection; and\n- (ii) a child protection order is appropriate and desirable for the child’s protection; or\n- (i) a child protection order, other than an interim order, is in force for the child; and\n- (ii) the chief executive (child safety) is satisfied the order is no longer appropriate and desirable for the child’s protection; or\n- (i) a permanent care order is in force for the child; and\n- (ii) the chief executive (child safety) is satisfied— (A) the child’s permanent guardian under the order is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and (B) the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests.\n- (A) the child’s permanent guardian under the order is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and\n- (B) the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests.\n- (A) the child’s permanent guardian under the order is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and\n- (B) the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Requirements for referral of child protection matter","content":"### sec.16 Requirements for referral of child protection matter\n\nFor each child protection matter referred under section 15 , the chief executive (child safety) must give the director the following—\nfor a matter mentioned in section 15 (1) (a) , a brief of evidence about the child that includes—\nthe reasons why the child is a child in need of protection; and\nthe reasons why a child protection order is appropriate and desirable for the child’s protection; and\nthe type of child protection order the chief executive (child safety) considers appropriate and desirable for the child’s protection;\nfor a matter mentioned in section 15 (1) (b) , a brief of evidence about the child that includes the reasons why a child protection order is no longer appropriate and desirable for the child’s protection;\nfor a matter mentioned in section 15 (1) (c) , a brief of evidence about the child that includes the reasons why the chief executive (child safety) is satisfied—\nthe child’s permanent guardian is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and\nthe order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests;\nsupporting documents for the matters mentioned in paragraph (a) , (b) or (c) available to the chief executive (child safety), including, for example, affidavits;\nall other documents and evidence relevant to the referral that are available to the chief executive (child safety).\nThe referral and brief of evidence must comply with the guidelines made by the director under section 39 .\ns 16 amd 2017 No. 44 s 87\n(sec.16-ssec.1) For each child protection matter referred under section 15 , the chief executive (child safety) must give the director the following— for a matter mentioned in section 15 (1) (a) , a brief of evidence about the child that includes— the reasons why the child is a child in need of protection; and the reasons why a child protection order is appropriate and desirable for the child’s protection; and the type of child protection order the chief executive (child safety) considers appropriate and desirable for the child’s protection; for a matter mentioned in section 15 (1) (b) , a brief of evidence about the child that includes the reasons why a child protection order is no longer appropriate and desirable for the child’s protection; for a matter mentioned in section 15 (1) (c) , a brief of evidence about the child that includes the reasons why the chief executive (child safety) is satisfied— the child’s permanent guardian is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests; supporting documents for the matters mentioned in paragraph (a) , (b) or (c) available to the chief executive (child safety), including, for example, affidavits; all other documents and evidence relevant to the referral that are available to the chief executive (child safety).\n(sec.16-ssec.2) The referral and brief of evidence must comply with the guidelines made by the director under section 39 .\n- (a) for a matter mentioned in section 15 (1) (a) , a brief of evidence about the child that includes— (i) the reasons why the child is a child in need of protection; and (ii) the reasons why a child protection order is appropriate and desirable for the child’s protection; and (iii) the type of child protection order the chief executive (child safety) considers appropriate and desirable for the child’s protection;\n- (i) the reasons why the child is a child in need of protection; and\n- (ii) the reasons why a child protection order is appropriate and desirable for the child’s protection; and\n- (iii) the type of child protection order the chief executive (child safety) considers appropriate and desirable for the child’s protection;\n- (b) for a matter mentioned in section 15 (1) (b) , a brief of evidence about the child that includes the reasons why a child protection order is no longer appropriate and desirable for the child’s protection;\n- (c) for a matter mentioned in section 15 (1) (c) , a brief of evidence about the child that includes the reasons why the chief executive (child safety) is satisfied— (i) the child’s permanent guardian is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and (ii) the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests;\n- (i) the child’s permanent guardian is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and\n- (ii) the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests;\n- (d) supporting documents for the matters mentioned in paragraph (a) , (b) or (c) available to the chief executive (child safety), including, for example, affidavits;\n- (e) all other documents and evidence relevant to the referral that are available to the chief executive (child safety).\n- (i) the reasons why the child is a child in need of protection; and\n- (ii) the reasons why a child protection order is appropriate and desirable for the child’s protection; and\n- (iii) the type of child protection order the chief executive (child safety) considers appropriate and desirable for the child’s protection;\n- (i) the child’s permanent guardian is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and\n- (ii) the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests;","sortOrder":23},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Dealing with child protection matters","content":"## Dealing with child protection matters","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"How director may deal with referral of child protection matter","content":"### sec.17 How director may deal with referral of child protection matter\n\nFor each child protection matter referred under section 15 , the director may decide to either—\napply for a child protection order for the child; or\nrefer the matter back to the chief executive (child safety).\nBefore deciding how to deal with the matter under subsection (1) , the director may ask the chief executive (child safety) to provide further evidence or information about the matter.\nThe director may consider further evidence or other information may be needed to enable the Childrens Court to grant a child protection order. The director may ask the chief executive (child safety) for the evidence or information before deciding whether to apply for the order or refer the matter back to the chief executive (child safety).\n(sec.17-ssec.1) For each child protection matter referred under section 15 , the director may decide to either— apply for a child protection order for the child; or refer the matter back to the chief executive (child safety).\n(sec.17-ssec.2) Before deciding how to deal with the matter under subsection (1) , the director may ask the chief executive (child safety) to provide further evidence or information about the matter. The director may consider further evidence or other information may be needed to enable the Childrens Court to grant a child protection order. The director may ask the chief executive (child safety) for the evidence or information before deciding whether to apply for the order or refer the matter back to the chief executive (child safety).\n- (a) apply for a child protection order for the child; or\n- (b) refer the matter back to the chief executive (child safety).","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"When director must consult with chief executive (child safety) and give reasons","content":"### sec.18 When director must consult with chief executive (child safety) and give reasons\n\nThe director must consult with the chief executive (child safety) before doing any of the following things in relation to a child protection matter—\nreferring a child protection matter back to the chief executive (child safety) under section 17 (1) (b) ;\napplying for a child protection order of a different type, or an order that is otherwise different from, the order mentioned in the brief of evidence given by the chief executive (child safety);\nany other thing prescribed for this section in the guidelines made by the director under section 39 .\nIf, after consulting with the chief executive (child safety), the director decides to do a thing mentioned in subsection (1) without the agreement of the chief executive (child safety), the director must give the chief executive (child safety) written reasons for the decision.\n(sec.18-ssec.1) The director must consult with the chief executive (child safety) before doing any of the following things in relation to a child protection matter— referring a child protection matter back to the chief executive (child safety) under section 17 (1) (b) ; applying for a child protection order of a different type, or an order that is otherwise different from, the order mentioned in the brief of evidence given by the chief executive (child safety); any other thing prescribed for this section in the guidelines made by the director under section 39 .\n(sec.18-ssec.2) If, after consulting with the chief executive (child safety), the director decides to do a thing mentioned in subsection (1) without the agreement of the chief executive (child safety), the director must give the chief executive (child safety) written reasons for the decision.\n- (a) referring a child protection matter back to the chief executive (child safety) under section 17 (1) (b) ;\n- (b) applying for a child protection order of a different type, or an order that is otherwise different from, the order mentioned in the brief of evidence given by the chief executive (child safety);\n- (c) any other thing prescribed for this section in the guidelines made by the director under section 39 .","sortOrder":26},{"sectionNumber":"pt.4","sectionType":"part","heading":"Confidentiality and exchange of information","content":"# Confidentiality and exchange of information","sortOrder":27},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Confidentiality","content":"## Confidentiality","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Confidentiality of information","content":"### sec.19 Confidentiality of information\n\nIf a person gains confidential information through involvement in the administration of this Act, the person must not—\nmake a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or\nrecklessly disclose the information to anyone.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nA person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—\nthe director or a member of the director’s staff; or\na person engaged by the director for this Act; or\na public service employee employed in the department; or\na public service employee employed in the department administered by the chief executive (child safety).\nHowever, a person may make a record of confidential information or disclose it to someone else—\nfor this Act; or\nto discharge a function under another law; or\nfor a proceeding in a court or QCAT; or\nif authorised by a court or QCAT in the interests of justice; or\nif required or permitted by law; or\nif the confidential information relates to a child—for a purpose directly related to a child’s protection or wellbeing.\n(sec.19-ssec.1) If a person gains confidential information through involvement in the administration of this Act, the person must not— make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or recklessly disclose the information to anyone. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.19-ssec.2) A person gains confidential information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the director or a member of the director’s staff; or a person engaged by the director for this Act; or a public service employee employed in the department; or a public service employee employed in the department administered by the chief executive (child safety).\n(sec.19-ssec.3) However, a person may make a record of confidential information or disclose it to someone else— for this Act; or to discharge a function under another law; or for a proceeding in a court or QCAT; or if authorised by a court or QCAT in the interests of justice; or if required or permitted by law; or if the confidential information relates to a child—for a purpose directly related to a child’s protection or wellbeing.\n- (a) make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or\n- (b) recklessly disclose the information to anyone.\n- (a) the director or a member of the director’s staff; or\n- (b) a person engaged by the director for this Act; or\n- (c) a public service employee employed in the department; or\n- (d) a public service employee employed in the department administered by the chief executive (child safety).\n- (a) for this Act; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or QCAT; or\n- (d) if authorised by a court or QCAT in the interests of justice; or\n- (e) if required or permitted by law; or\n- (f) if the confidential information relates to a child—for a purpose directly related to a child’s protection or wellbeing.","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Disclosure by director of information for research purposes","content":"### sec.20 Disclosure by director of information for research purposes\n\nFor the purpose of allowing a person to carry out research, the director may authorise the person to have access to information relating to the administration of this Act, including information from a member of the director’s staff.\nThe director may only authorise the person to have access to the information if the director is satisfied—\nthe research is relevant to the director’s functions and powers under this Act; and\nthe information will be collected in a way that could not reasonably be expected to result in the identification of any of the individuals it relates to.\nThe director may authorise the person to use or disclose the information, or give access to the information, to someone else.\n(sec.20-ssec.1) For the purpose of allowing a person to carry out research, the director may authorise the person to have access to information relating to the administration of this Act, including information from a member of the director’s staff.\n(sec.20-ssec.2) The director may only authorise the person to have access to the information if the director is satisfied— the research is relevant to the director’s functions and powers under this Act; and the information will be collected in a way that could not reasonably be expected to result in the identification of any of the individuals it relates to.\n(sec.20-ssec.3) The director may authorise the person to use or disclose the information, or give access to the information, to someone else.\n- (a) the research is relevant to the director’s functions and powers under this Act; and\n- (b) the information will be collected in a way that could not reasonably be expected to result in the identification of any of the individuals it relates to.","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Confidentiality of information given to other persons","content":"### sec.21 Confidentiality of information given to other persons\n\nThis section applies to a person (the receiver ) who is given confidential information by a person under section 19 (3) or given access to information for research purposes under section 20 .\nThe receiver must not use or disclose the information to anyone else.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nHowever, the receiver may use or disclose the information to someone else—\nif the use or disclosure is authorised by the director under section 20 ; or\nfor a proceeding in a court or QCAT; or\nif authorised by a court or QCAT in the interests of justice; or\nif the confidential information relates to a child—for a purpose directly related to a child’s protection or wellbeing; or\nif the use or disclosure is otherwise required or permitted by law.\n(sec.21-ssec.1) This section applies to a person (the receiver ) who is given confidential information by a person under section 19 (3) or given access to information for research purposes under section 20 .\n(sec.21-ssec.2) The receiver must not use or disclose the information to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.21-ssec.3) However, the receiver may use or disclose the information to someone else— if the use or disclosure is authorised by the director under section 20 ; or for a proceeding in a court or QCAT; or if authorised by a court or QCAT in the interests of justice; or if the confidential information relates to a child—for a purpose directly related to a child’s protection or wellbeing; or if the use or disclosure is otherwise required or permitted by law.\n- (a) if the use or disclosure is authorised by the director under section 20 ; or\n- (b) for a proceeding in a court or QCAT; or\n- (c) if authorised by a court or QCAT in the interests of justice; or\n- (d) if the confidential information relates to a child—for a purpose directly related to a child’s protection or wellbeing; or\n- (e) if the use or disclosure is otherwise required or permitted by law.","sortOrder":31},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Information exchange","content":"## Information exchange","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Definition for division","content":"### sec.22 Definition for division\n\nIn this division—\ninformation includes a document.","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Director may ask for information","content":"### sec.23 Director may ask for information\n\nThe director may ask the chief executive (child safety) for information relevant to a child protection matter.\nThe chief executive (child safety) must take reasonable steps to provide the information.\n(sec.23-ssec.1) The director may ask the chief executive (child safety) for information relevant to a child protection matter.\n(sec.23-ssec.2) The chief executive (child safety) must take reasonable steps to provide the information.","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Disclosure by chief executive (child safety) for child protection proceeding","content":"### sec.24 Disclosure by chief executive (child safety) for child protection proceeding\n\nThis section applies in relation to a child protection proceeding.\nThe chief executive (child safety) has a duty to disclose to the director all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the chief executive (child safety).\nThe duty continues until the proceeding is finally decided or otherwise ends.\n(sec.24-ssec.1) This section applies in relation to a child protection proceeding.\n(sec.24-ssec.2) The chief executive (child safety) has a duty to disclose to the director all information relevant to the proceeding, including knowledge of a matter relevant to the proceeding, in the possession or control of the chief executive (child safety).\n(sec.24-ssec.3) The duty continues until the proceeding is finally decided or otherwise ends.","sortOrder":35},{"sectionNumber":"pt.5","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":36},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Appointment of director and related matters","content":"## Appointment of director and related matters","sortOrder":37},{"sectionNumber":"sec.25","sectionType":"section","heading":"Appointment","content":"### sec.25 Appointment\n\nThe director is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person for appointment only if—\nthe person is a lawyer who has been admitted to practise for at least 10 years; and\nthe Minister is satisfied the person has demonstrated qualities of leadership, management and innovation in a senior government or private sector role.\n(sec.25-ssec.1) The director is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.25-ssec.2) The Minister may recommend a person for appointment only if— the person is a lawyer who has been admitted to practise for at least 10 years; and the Minister is satisfied the person has demonstrated qualities of leadership, management and innovation in a senior government or private sector role.\n- (a) the person is a lawyer who has been admitted to practise for at least 10 years; and\n- (b) the Minister is satisfied the person has demonstrated qualities of leadership, management and innovation in a senior government or private sector role.","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"Director appointed under this Act","content":"### sec.26 Director appointed under this Act\n\nThe director is appointed under this Act and not under the Public Sector Act 2022 .\ns 26 amd 2022 No. 34 s 365 sch 3","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Term of office","content":"### sec.27 Term of office\n\nSubject to this division, the director holds office for a term, of not more than 5 years, stated in the director’s instrument of appointment.","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":"Conditions of appointment","content":"### sec.28 Conditions of appointment\n\nThe director is to be paid the remuneration and allowances decided by the Governor in Council.\nThe director holds office on the terms and conditions that are decided by the Governor in Council, to the extent the terms and conditions are not provided for by this Act.\n(sec.28-ssec.1) The director is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.28-ssec.2) The director holds office on the terms and conditions that are decided by the Governor in Council, to the extent the terms and conditions are not provided for by this Act.","sortOrder":41},{"sectionNumber":"sec.29","sectionType":"section","heading":"Preservation of rights of director","content":"### sec.29 Preservation of rights of director\n\nThis section applies if a public service officer is appointed as the director.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the director were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation as the director, the person’s service as the director is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n(sec.29-ssec.1) This section applies if a public service officer is appointed as the director.\n(sec.29-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the director were a continuation of service as a public service officer.\n(sec.29-ssec.3) At the end of the person’s term of office or on resignation as the director, the person’s service as the director is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":"Other employment limited","content":"### sec.30 Other employment limited\n\nOther than under this Act, the director must not, without the Minister’s consent, engage in any work relating to—\nthe protection or rights and interests of children and young people; or\nan adult who has been charged with an offence against a child.\n- (a) the protection or rights and interests of children and young people; or\n- (b) an adult who has been charged with an offence against a child.","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"Director’s previous involvement does not prevent or limit performance of functions","content":"### sec.31 Director’s previous involvement does not prevent or limit performance of functions\n\nThis section applies to a person appointed as the director if—\nbefore the appointment, the person was involved in a matter in the practice of the person’s profession; and\nat the time of the appointment, the matter has not been finally decided or otherwise dealt with.\nThe involvement does not prevent the person from, or limit the person in, performing the person’s functions as director.\nHowever, the person must not—\ndisclose information given to the person in his or her professional capacity in relation to the matter before the person’s appointment as director, other than to—\nthe person for whom the director was acting in the matter in the practice of the director’s profession; or\na legal representative of that person; or\na person authorised by the person or legal representative mentioned in subparagraph (i) or (ii) to receive the information; or\nact personally in relation to the matter.\n(sec.31-ssec.1) This section applies to a person appointed as the director if— before the appointment, the person was involved in a matter in the practice of the person’s profession; and at the time of the appointment, the matter has not been finally decided or otherwise dealt with.\n(sec.31-ssec.2) The involvement does not prevent the person from, or limit the person in, performing the person’s functions as director.\n(sec.31-ssec.3) However, the person must not— disclose information given to the person in his or her professional capacity in relation to the matter before the person’s appointment as director, other than to— the person for whom the director was acting in the matter in the practice of the director’s profession; or a legal representative of that person; or a person authorised by the person or legal representative mentioned in subparagraph (i) or (ii) to receive the information; or act personally in relation to the matter.\n- (a) before the appointment, the person was involved in a matter in the practice of the person’s profession; and\n- (b) at the time of the appointment, the matter has not been finally decided or otherwise dealt with.\n- (a) disclose information given to the person in his or her professional capacity in relation to the matter before the person’s appointment as director, other than to— (i) the person for whom the director was acting in the matter in the practice of the director’s profession; or (ii) a legal representative of that person; or (iii) a person authorised by the person or legal representative mentioned in subparagraph (i) or (ii) to receive the information; or\n- (i) the person for whom the director was acting in the matter in the practice of the director’s profession; or\n- (ii) a legal representative of that person; or\n- (iii) a person authorised by the person or legal representative mentioned in subparagraph (i) or (ii) to receive the information; or\n- (b) act personally in relation to the matter.\n- (i) the person for whom the director was acting in the matter in the practice of the director’s profession; or\n- (ii) a legal representative of that person; or\n- (iii) a person authorised by the person or legal representative mentioned in subparagraph (i) or (ii) to receive the information; or","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Vacancy in office","content":"### sec.32 Vacancy in office\n\nThe office of the director becomes vacant if the director—\nresigns office by signed notice to the Minister giving at least 1 month’s notice; or\nis convicted of an indictable offence; or\nis an insolvent under administration; or\nis removed from office by the Governor in Council under subsection (3) .\nAlso, if the director is suspended by the Minister under subsection (5) , the office is vacant during the period of suspension.\nThe Governor in Council may, at any time, remove the director from office on the recommendation of the Minister.\nThe Minister may recommend the director’s removal if the Minister is satisfied the director—\nhas been guilty of misconduct; or\nis incapable of performing his or her duties; or\nhas neglected his or her duties or performed them incompetently.\nThe Minister may suspend the director for up to 60 days by signed notice to the director if—\nthere is an allegation of misconduct against the director; or\nthe Minister is satisfied a matter has arisen in relation to the director that may be grounds for removal under this section.\ns 32 amd 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.32-ssec.1) The office of the director becomes vacant if the director— resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is an insolvent under administration; or is removed from office by the Governor in Council under subsection (3) .\n(sec.32-ssec.2) Also, if the director is suspended by the Minister under subsection (5) , the office is vacant during the period of suspension.\n(sec.32-ssec.3) The Governor in Council may, at any time, remove the director from office on the recommendation of the Minister.\n(sec.32-ssec.4) The Minister may recommend the director’s removal if the Minister is satisfied the director— has been guilty of misconduct; or is incapable of performing his or her duties; or has neglected his or her duties or performed them incompetently.\n(sec.32-ssec.5) The Minister may suspend the director for up to 60 days by signed notice to the director if— there is an allegation of misconduct against the director; or the Minister is satisfied a matter has arisen in relation to the director that may be grounds for removal under this section.\n- (a) resigns office by signed notice to the Minister giving at least 1 month’s notice; or\n- (b) is convicted of an indictable offence; or\n- (c) is an insolvent under administration; or\n- (d) is removed from office by the Governor in Council under subsection (3) .\n- (a) has been guilty of misconduct; or\n- (b) is incapable of performing his or her duties; or\n- (c) has neglected his or her duties or performed them incompetently.\n- (a) there is an allegation of misconduct against the director; or\n- (b) the Minister is satisfied a matter has arisen in relation to the director that may be grounds for removal under this section.","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Acting director","content":"### sec.33 Acting director\n\nIf there is a vacancy in the office of the director or the director is absent or for any other reason is unable to perform the functions of the office, the Minister may appoint a person to act as the director for a period of not more than 6 months.\nA person can not be appointed to act as the director unless the Minister could recommend the person be appointed as director under section 25 .\nA person appointed to act as the director may be appointed to act as director for a further period—\nif the appointment is continuous on 1 or more of the person’s previous appointments as acting director and the total period of continuous appointments is not more than 6 months—by the Minister; or\notherwise—by the Governor in Council.\nThe Governor in Council may, at any time, cancel the appointment of a person to act as the director.\n(sec.33-ssec.1) If there is a vacancy in the office of the director or the director is absent or for any other reason is unable to perform the functions of the office, the Minister may appoint a person to act as the director for a period of not more than 6 months.\n(sec.33-ssec.2) A person can not be appointed to act as the director unless the Minister could recommend the person be appointed as director under section 25 .\n(sec.33-ssec.3) A person appointed to act as the director may be appointed to act as director for a further period— if the appointment is continuous on 1 or more of the person’s previous appointments as acting director and the total period of continuous appointments is not more than 6 months—by the Minister; or otherwise—by the Governor in Council.\n(sec.33-ssec.4) The Governor in Council may, at any time, cancel the appointment of a person to act as the director.\n- (a) if the appointment is continuous on 1 or more of the person’s previous appointments as acting director and the total period of continuous appointments is not more than 6 months—by the Minister; or\n- (b) otherwise—by the Governor in Council.","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Not a statutory body for particular Acts","content":"### sec.34 Not a statutory body for particular Acts\n\nTo remove any doubt, it is declared that the director is not a statutory body for the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 .","sortOrder":47},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Office and staff","content":"## Office and staff","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Establishment","content":"### sec.35 Establishment\n\nThe Office of the Director of Child Protection Litigation is established.\nThe office consists of the director and the director’s staff.\n(sec.35-ssec.1) The Office of the Director of Child Protection Litigation is established.\n(sec.35-ssec.2) The office consists of the director and the director’s staff.","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Function","content":"### sec.36 Function\n\nThe office’s function is to help the director perform the director’s functions.","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Staff","content":"### sec.37 Staff\n\nThe director’s staff are employed under the Public Sector Act 2022 .\ns 37 amd 2022 No. 34 s 365 sch 3","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Control of office","content":"### sec.38 Control of office\n\nThe director controls the office.\nSubsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring the office is supplied with the administrative support services it requires to carry out its functions effectively and efficiently.\n(sec.38-ssec.1) The director controls the office.\n(sec.38-ssec.2) Subsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring the office is supplied with the administrative support services it requires to carry out its functions effectively and efficiently.","sortOrder":52},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Director may make guidelines","content":"### sec.39 Director may make guidelines\n\nThe director may issue written guidelines to any of the following—\nthe director’s staff;\nthe chief executive (child safety);\npublic service employees employed in the department administered by the chief executive (child safety) undertaking work relevant to the director’s functions;\npersons engaged by the director under section 11 .\nThe guidelines—\nmust be consistent with this Act and the Child Protection Act 1999 ; and\nmay include the following—\nprocedures about the referral of child protection matters to the director by the chief executive (child safety), including the form and content of a brief of evidence required under section 16 ;\nprocedures for dealing with child protection matters, including factors the director must have regard to in deciding whether to apply for child protection orders;\nprinciples and procedures for the conduct of child protection proceedings, including procedures about the roles of the director and chief executive (child safety) during the proceedings;\nprocedures about how the chief executive (child safety) may seek an internal review of a decision of the director for which reasons are required to be given under section 18 ;\nprocedures about the director’s functions mentioned in section 9 (2) (a) , (b) and (c) , including how matters relevant to those functions are referred to the director by the chief executive (child safety).\nSubsection (2) (b) does not limit the matters for which guidelines may be made.\nA guideline must not be made in relation to a particular case.\n(sec.39-ssec.1) The director may issue written guidelines to any of the following— the director’s staff; the chief executive (child safety); public service employees employed in the department administered by the chief executive (child safety) undertaking work relevant to the director’s functions; persons engaged by the director under section 11 .\n(sec.39-ssec.2) The guidelines— must be consistent with this Act and the Child Protection Act 1999 ; and may include the following— procedures about the referral of child protection matters to the director by the chief executive (child safety), including the form and content of a brief of evidence required under section 16 ; procedures for dealing with child protection matters, including factors the director must have regard to in deciding whether to apply for child protection orders; principles and procedures for the conduct of child protection proceedings, including procedures about the roles of the director and chief executive (child safety) during the proceedings; procedures about how the chief executive (child safety) may seek an internal review of a decision of the director for which reasons are required to be given under section 18 ; procedures about the director’s functions mentioned in section 9 (2) (a) , (b) and (c) , including how matters relevant to those functions are referred to the director by the chief executive (child safety).\n(sec.39-ssec.3) Subsection (2) (b) does not limit the matters for which guidelines may be made.\n(sec.39-ssec.4) A guideline must not be made in relation to a particular case.\n- (a) the director’s staff;\n- (b) the chief executive (child safety);\n- (c) public service employees employed in the department administered by the chief executive (child safety) undertaking work relevant to the director’s functions;\n- (d) persons engaged by the director under section 11 .\n- (a) must be consistent with this Act and the Child Protection Act 1999 ; and\n- (b) may include the following— (i) procedures about the referral of child protection matters to the director by the chief executive (child safety), including the form and content of a brief of evidence required under section 16 ; (ii) procedures for dealing with child protection matters, including factors the director must have regard to in deciding whether to apply for child protection orders; (iii) principles and procedures for the conduct of child protection proceedings, including procedures about the roles of the director and chief executive (child safety) during the proceedings; (iv) procedures about how the chief executive (child safety) may seek an internal review of a decision of the director for which reasons are required to be given under section 18 ; (v) procedures about the director’s functions mentioned in section 9 (2) (a) , (b) and (c) , including how matters relevant to those functions are referred to the director by the chief executive (child safety).\n- (i) procedures about the referral of child protection matters to the director by the chief executive (child safety), including the form and content of a brief of evidence required under section 16 ;\n- (ii) procedures for dealing with child protection matters, including factors the director must have regard to in deciding whether to apply for child protection orders;\n- (iii) principles and procedures for the conduct of child protection proceedings, including procedures about the roles of the director and chief executive (child safety) during the proceedings;\n- (iv) procedures about how the chief executive (child safety) may seek an internal review of a decision of the director for which reasons are required to be given under section 18 ;\n- (v) procedures about the director’s functions mentioned in section 9 (2) (a) , (b) and (c) , including how matters relevant to those functions are referred to the director by the chief executive (child safety).\n- (i) procedures about the referral of child protection matters to the director by the chief executive (child safety), including the form and content of a brief of evidence required under section 16 ;\n- (ii) procedures for dealing with child protection matters, including factors the director must have regard to in deciding whether to apply for child protection orders;\n- (iii) principles and procedures for the conduct of child protection proceedings, including procedures about the roles of the director and chief executive (child safety) during the proceedings;\n- (iv) procedures about how the chief executive (child safety) may seek an internal review of a decision of the director for which reasons are required to be given under section 18 ;\n- (v) procedures about the director’s functions mentioned in section 9 (2) (a) , (b) and (c) , including how matters relevant to those functions are referred to the director by the chief executive (child safety).","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"Annual report","content":"### sec.40 Annual report\n\nAs soon as practicable after the close of each financial year but not later than 4 months after the close, the director must give to the Minister a report on the administration of this Act during that year.\nThe report must include a copy of each guideline made under section 39 in force during the financial year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it.\ns 40 amd 2020 No. 2 s 10\n(sec.40-ssec.1) As soon as practicable after the close of each financial year but not later than 4 months after the close, the director must give to the Minister a report on the administration of this Act during that year.\n(sec.40-ssec.2) The report must include a copy of each guideline made under section 39 in force during the financial year.\n(sec.40-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it.","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Review of Act and operations of office","content":"### sec.41 Review of Act and operations of office\n\nThe Minister must review the effectiveness of this Act and the operations of the Office of the Director of Child Protection Litigation as soon as practicable after the end of 3 years after the commencement of this section.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n(sec.41-ssec.1) The Minister must review the effectiveness of this Act and the operations of the Office of the Director of Child Protection Litigation as soon as practicable after the end of 3 years after the commencement of this section.\n(sec.41-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Regulation-making power","content":"### sec.42 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":57},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":58},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 23 of 2016","content":"## Transitional provisions for Act No. 23 of 2016","sortOrder":59},{"sectionNumber":"sec.43","sectionType":"section","heading":"Meaning of pre-amended for this division","content":"### sec.43 Meaning of pre-amended for this division\n\nA reference in this division to a pre-amended provision of the Child Protection Act 1999 is a reference to the provision as in force before the commencement.\ns 43 amd 2020 No. 2 s 13","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Existing applications","content":"### sec.44 Existing applications\n\nThis section applies to the following applications—\nan application for a child protection order made by an authorised officer under the pre-amended Child Protection Act 1999 , section 54 , 64 or 65 ;\nan application for an order transferring a child protection order or child protection proceeding to a participating State under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .\nIf, immediately before the commencement, the application had not been finally dealt with—\nthe application is taken to be a child protection matter referred under section 24; and\nthe director is taken to have made the application.\n(sec.44-ssec.1) This section applies to the following applications— an application for a child protection order made by an authorised officer under the pre-amended Child Protection Act 1999 , section 54 , 64 or 65 ; an application for an order transferring a child protection order or child protection proceeding to a participating State under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .\n(sec.44-ssec.2) If, immediately before the commencement, the application had not been finally dealt with— the application is taken to be a child protection matter referred under section 24; and the director is taken to have made the application.\n- (a) an application for a child protection order made by an authorised officer under the pre-amended Child Protection Act 1999 , section 54 , 64 or 65 ;\n- (b) an application for an order transferring a child protection order or child protection proceeding to a participating State under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .\n- (a) the application is taken to be a child protection matter referred under section 24; and\n- (b) the director is taken to have made the application.","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Existing proceedings","content":"### sec.45 Existing proceedings\n\nThis section applies to the following proceedings—\na child protection proceeding;\na proceeding in an appellate court for—\nan appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or\nan appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .\nIf, immediately before the commencement, the proceeding had not been finally dealt with—\non the commencement the director becomes a party to the proceeding in place of the authorised officer; and\nfor a child protection proceeding—the application the subject of the proceeding is taken to be a child protection matter.\nSection 24 applies to the chief executive (child safety) in relation to the child protection proceeding.\n(sec.45-ssec.1) This section applies to the following proceedings— a child protection proceeding; a proceeding in an appellate court for— an appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or an appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .\n(sec.45-ssec.2) If, immediately before the commencement, the proceeding had not been finally dealt with— on the commencement the director becomes a party to the proceeding in place of the authorised officer; and for a child protection proceeding—the application the subject of the proceeding is taken to be a child protection matter.\n(sec.45-ssec.3) Section 24 applies to the chief executive (child safety) in relation to the child protection proceeding.\n- (a) a child protection proceeding;\n- (b) a proceeding in an appellate court for— (i) an appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or (ii) an appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .\n- (i) an appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or\n- (ii) an appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .\n- (i) an appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or\n- (ii) an appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .\n- (a) on the commencement the director becomes a party to the proceeding in place of the authorised officer; and\n- (b) for a child protection proceeding—the application the subject of the proceeding is taken to be a child protection matter.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Existing child protection proceedings transferred to Queensland","content":"### sec.46 Existing child protection proceedings transferred to Queensland\n\nThis section applies to a child protection proceeding transferred to Queensland from a participating State under the pre-amended Child Protection Act 1999 , chapter 7 , part 5 if—\nthe chief executive (child safety) has, under section 235 (3) of that Act, filed a notice stating the name of an authorised officer to become a party to the proceeding; and\nimmediately before the commencement the proceeding has not been finally dealt with.\nOn the commencement, the director becomes a party to the proceeding in place of the authorised officer named in the notice.\n(sec.46-ssec.1) This section applies to a child protection proceeding transferred to Queensland from a participating State under the pre-amended Child Protection Act 1999 , chapter 7 , part 5 if— the chief executive (child safety) has, under section 235 (3) of that Act, filed a notice stating the name of an authorised officer to become a party to the proceeding; and immediately before the commencement the proceeding has not been finally dealt with.\n(sec.46-ssec.2) On the commencement, the director becomes a party to the proceeding in place of the authorised officer named in the notice.\n- (a) the chief executive (child safety) has, under section 235 (3) of that Act, filed a notice stating the name of an authorised officer to become a party to the proceeding; and\n- (b) immediately before the commencement the proceeding has not been finally dealt with.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Appealing decisions on applications made before commencement","content":"### sec.47 Appealing decisions on applications made before commencement\n\nThis section applies in relation to the following decisions of the Childrens Court made before the commencement if, immediately before the commencement, an appeal against the decision has not been started—\na decision on an application for a child protection order made under the pre-amended Child Protection Act 1999 , chapter 2 , part 4 ;\na decision on an application for an order transferring a child protection order or child protection proceeding to a participating State under pre-amended chapter 7 , part 2 or 4 of that Act.\nOn and from the commencement, for the purpose of appealing the decision, the director is taken to have been a party to the proceeding for the application.\n(sec.47-ssec.1) This section applies in relation to the following decisions of the Childrens Court made before the commencement if, immediately before the commencement, an appeal against the decision has not been started— a decision on an application for a child protection order made under the pre-amended Child Protection Act 1999 , chapter 2 , part 4 ; a decision on an application for an order transferring a child protection order or child protection proceeding to a participating State under pre-amended chapter 7 , part 2 or 4 of that Act.\n(sec.47-ssec.2) On and from the commencement, for the purpose of appealing the decision, the director is taken to have been a party to the proceeding for the application.\n- (a) a decision on an application for a child protection order made under the pre-amended Child Protection Act 1999 , chapter 2 , part 4 ;\n- (b) a decision on an application for an order transferring a child protection order or child protection proceeding to a participating State under pre-amended chapter 7 , part 2 or 4 of that Act.","sortOrder":64},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provision for Child Death Review Legislation Amendment Act 2020","content":"## Transitional provision for Child Death Review Legislation Amendment Act 2020","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Annual report","content":"### sec.48 Annual report\n\nDespite its amendment, former section 40(2) applies to the report for the financial year starting on 1 July 2019.\nIn this section—\nformer section 40(2) means section 40(2) as in force immediately before the commencement of the Child Death Review Legislation Amendment Act 2020 .\ns 48 ins 2020 No. 2 s 14\n(sec.48-ssec.1) Despite its amendment, former section 40(2) applies to the report for the financial year starting on 1 July 2019.\n(sec.48-ssec.2) In this section— former section 40(2) means section 40(2) as in force immediately before the commencement of the Child Death Review Legislation Amendment Act 2020 .","sortOrder":66}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.13 and sec.32","severity":"medium","reasoning":"Section 13 declares the director is free from Ministerial control or direction. However, the suspension power in s.32(5) allows the Minister to remove the director from office for up to 60 days on the basis of a mere unproven allegation of misconduct, with no procedural safeguards specified. This creates a de facto mechanism for Ministerial interference with the director's independence, directly undermining the declared independence in s.13.","confidence":0.72,"description":"The director is expressly not under Ministerial control in performing functions and exercising powers (s.13), yet the Minister has broad powers to suspend the director for up to 60 days on mere 'allegation' of misconduct (s.32(5)) and to recommend removal on grounds of 'incompetence' (s.32(4)), effectively giving the Minister significant indirect control over the director's conduct and tenure."},{"type":"self_contradicting","section":"sec.32(2)","severity":"medium","reasoning":"Declaring the office 'vacant' during suspension is legally anomalous. Typically suspension preserves the office relationship while interrupting duties. By treating suspension as creating a vacancy, the Act potentially triggers all consequences of a vacancy (including appointment of an acting director under s.33), yet the original director presumably returns after the suspension period ends — meaning two people could simultaneously hold rights to the same office. This conflates two distinct legal concepts.","confidence":0.78,"description":"Section 32(2) states that if the director is suspended, 'the office is vacant during the period of suspension.' However, s.33(1) allows the Minister to appoint an acting director only when 'there is a vacancy in the office.' If a suspension creates a vacancy, this would mean the suspended director has effectively been removed from office rather than suspended, collapsing the distinction between suspension and removal."},{"type":"other","section":"sec.44(2)(a)","severity":"medium","reasoning":"Section 24 creates a duty of disclosure for ongoing child protection proceedings; it does not establish a referral pathway. The transitional provision intends to deem existing applications as having been properly referred to the director, but points to the wrong operative section. The correct reference should likely be to section 15 or 17. This creates uncertainty about what legal framework governs these transitioned matters.","confidence":0.82,"description":"The transitional provision in s.44(2)(a) deems pre-commencement applications to be 'a child protection matter referred under section 24.' However, section 24 deals with the duty of the chief executive to disclose information during proceedings — it is not a referral provision. The referral mechanism is in section 15. This appears to be a drafting error referencing the wrong section."},{"type":"other","section":"sec.10(2) and sec.14(2)(a)","severity":"low","reasoning":"The Act contemplates engaged lawyers as key operational personnel (s.11) and permits general delegation to them (s.14(1)(b)), yet carves them out of the most critical function — making child protection applications. In urgent situations where no staff member is available but engaged lawyers are, no valid delegation could cover the core function, potentially leaving children unprotected pending an urgent application.","confidence":0.65,"description":"Section 10(2) states that 'subject to section 14, no other person may make an application mentioned in subsection (1).' Section 14(2)(a) allows delegation of s.10(1) functions only to a member of the director's staff — expressly excluding lawyers engaged under s.11. This means engaged lawyers can receive general delegations under s.14(1) but are specifically excluded from the core application-making function, creating an asymmetry that could produce operational difficulties where the only available delegate is an engaged lawyer."},{"type":"self_contradicting","section":"sec.33(3)","severity":"low","reasoning":"If s.33(1) limits any appointment to 6 months, and s.33(3)(a) addresses continuous re-appointments up to 6 months total by the Minister, it is unclear what s.33(3)(b) ('otherwise — by the Governor in Council') adds, since it would seemingly only apply to appointments exceeding 6 months continuous service, which s.33(1) appears to prohibit without an explicit exception for the Governor in Council pathway.","confidence":0.6,"description":"Section 33(3) creates a convoluted and potentially circular appointment mechanism. The Minister can appoint an acting director for up to 6 months total in continuous appointments, but 'otherwise' (i.e., beyond 6 months or non-continuous) the Governor in Council must appoint. However, s.33(1) already caps any single appointment at 6 months. The 'otherwise' pathway in s.33(3)(b) appears to contemplate appointments exceeding the 6-month cap in s.33(1), creating an internal inconsistency about who has authority for longer appointments and whether they are permitted at all."},{"type":"other","section":"sec.39(4)","severity":"low","reasoning":"The prohibition on case-specific guidelines is sound in principle (preventing guidelines from substituting for judicial or quasi-judicial decisions), but the provision creates no mechanism to enforce this distinction, and the permitted content in s.39(2)(b) necessarily overlaps with case-specific decision-making. The provision may also create uncertainty about whether guidelines that happen to be made contemporaneously with a live case are invalid.","confidence":0.55,"description":"Section 39(4) prohibits guidelines from being made 'in relation to a particular case.' However, s.39(2)(b)(ii) expressly permits guidelines to include 'factors the director must have regard to in deciding whether to apply for child protection orders' — factors which will inevitably be applied to particular cases. The prohibition is functionally unenforceable since all guidelines are ultimately applied to particular cases, and the line between general guidelines and case-specific ones is inherently blurry."},{"type":"self_contradicting","section":"sec.31(2) and sec.31(3)","severity":"low","reasoning":"The structure of s.31 creates an internal logical inconsistency: subsection (2) declares no limitation exists, then subsection (3) imposes explicit limitations. While the legislative intent is likely to say prior involvement is not a disqualifying conflict of interest except for these specific carve-outs, the drafting is self-contradicting on its face.","confidence":0.7,"description":"Section 31(2) states that a director's prior professional involvement in an unresolved matter does not 'prevent or limit' performance of functions as director. Section 31(3) then immediately imposes two significant limitations — the director must not disclose prior professional confidences and must not 'act personally in relation to the matter.' These are direct limitations on the performance of functions, contradicting the broad statement in s.31(2)."}],"contradictions":[{"severity":"medium","section_a":"sec.13","section_b":"sec.32(4) and sec.32(5)","confidence":0.73,"description":"Section 13 declares the director is not under Ministerial control or direction. Sections 32(4) and 32(5) give the Minister unilateral power to suspend the director on a mere allegation and to recommend removal for 'incompetent' performance of duties. These powers effectively give the Minister substantial control over the director's conduct and continuance in office, directly contradicting the declared independence."},{"severity":"medium","section_a":"sec.32(1)","section_b":"sec.32(2)","confidence":0.75,"description":"Section 32(1) lists the circumstances in which the office 'becomes vacant,' implying these are exhaustive. Section 32(2) then adds that the office 'is vacant during the period of suspension' under s.32(5). This creates tension between a permanent vacancy (s.32(1)) and a temporary vacancy (s.32(2)), with the Act not clearly differentiating the legal consequences of each type, particularly regarding whether a temporarily 'vacant' office triggers all vacancy-related provisions elsewhere in the Act."},{"severity":"low","section_a":"sec.6(1)(b)","section_b":"sec.15(1)(a) and sec.5","confidence":0.58,"description":"Section 6(1)(b) requires the director to 'only take the action that is warranted in the circumstances, including by applying for the least intrusive child protection order.' Section 15(1)(a) mandates referral where the chief executive is satisfied a child protection order is 'appropriate and desirable,' and s.5 makes the child's safety paramount. In urgent cases, the 'least intrusive' principle in s.6 may conflict with the paramount safety principle in s.5, with no explicit hierarchy established between these competing obligations beyond the general paramountcy of s.5."},{"severity":"high","section_a":"sec.17(1)","section_b":"sec.15(2)","confidence":0.8,"description":"Section 15(2) states the chief executive (child safety) 'must' refer child protection matters to the director — a mandatory obligation. Section 17(1) gives the director a discretion to either apply for an order or refer the matter back to the chief executive. This creates a potential loop: the chief executive is compelled to refer matters but the director may refer them back, with no limit on how many times this cycle can occur and no resolution mechanism, potentially causing indefinite delay in protecting children at risk."},{"severity":"medium","section_a":"sec.44(2)(a)","section_b":"sec.15 and sec.17","confidence":0.83,"description":"Section 44(2)(a) deems pre-commencement applications to be 'a child protection matter referred under section 24.' Section 24 is a disclosure provision, not a referral provision. The referral mechanism is established in sections 15 and 17. This cross-reference error means the transitional deeming provision points to the wrong section, creating uncertainty about what procedural framework governs these matters."}]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The core scope—centralising the State’s child protection litigation in a dedicated Director—remains the Act’s original purpose (s 4). Subsequent amendments reflected in the text mainly refine administration, add or align child-protection principles drawn from the Child Protection Act 1999 (s 6), update appointment/staffing references to newer public sector legislation (e.g. Public Sector Act 2022 references), tighten confidentiality and reporting processes, and adjust removal/suspension mechanics. Those changes refine or operationalise the original purpose rather than expand the Act to a materially different policy domain."},"complexity_factors":["Extensive cross-references to the Child Protection Act 1999 (multiple sections and chapters cited: ch.2 pt.4; ch.3 pt.4; ch.7 parts 2,4,5) increasing external linkage","Cross-references to other Acts (Adoption Act 2009; Family Law Act 1975 s111B) for related functions","Delegation constraints with special rules for exclusive application power (s 14) — written delegations, staff-only for s10, no subdelegation","Conditional referral triggers and multiple conditional branches in s 15 (three separate referral scenarios)","Detailed evidence/referral content requirements (s 16) and requirement to comply with director-made guidelines (s 39)","Criminal confidentiality regime with specified exceptions and separate research-access provisions (secs 19–21)","Appointment, suspension and removal provisions mixing statutory independence (s 13) with executive appointment/removal powers (ss 25, 32–33)","Guideline-making power that delegates operational rules to the director, creating reliance on administrative instruments (s 39)","Transitional provisions handling existing applications and proceedings (secs 43–47) that impose retrospective status changes","Multiple amendments recorded (2017, 2020, 2022, 2023) which add interpretative complexity across the Act"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes an independent Office of the Director of Child Protection Litigation (\"the director\") and an Office to support the director (secs 7, 35–38).\n- Gives the director exclusive authority, on behalf of the State, to apply to the Childrens Court for child protection orders and for orders transferring child protection matters to other participating States (secs 9–10). Subject to limited exceptions (see s 14), other people cannot make those applications (s 10(2)).\n- Requires the chief executive (child safety), in specified circumstances, to refer child protection matters to the director and to provide a brief of evidence and supporting documents (secs 15–16). The director decides whether to apply to court or to return the matter to the chief executive (s 17), and must consult the chief executive before taking certain actions and give written reasons if acting without agreement (s 18).\n- Allows the director to engage lawyers, to delegate functions to qualified staff or engaged lawyers (with tighter rules for the exclusive application power), and to take necessary actions to perform the director’s functions (secs 11, 12, 14).\n- Creates criminal penalties for improper recording or disclosure of confidential information obtained through administering this Act (s 19), while setting out specific exceptions and limited processes to allow disclosure for court proceedings, other legal duties, child protection purposes, or authorised research (secs 19–21).\n- Gives the director power to issue written, non-case-specific guidelines about referrals, evidence briefs, decision-making factors and roles in proceedings (s 39), and requires an annual report and periodic review (secs 40–41).\n- Sets appointment, term, remuneration and removal arrangements for the director (secs 25–33, 28, 32–33). The director is appointed by Governor in Council on Minister’s recommendation but is statutorily required to act free of Ministerial direction in exercising functions (secs 25, 13).\n\nOfficial purpose claimed by the instrument\n\n- The Act’s stated main purpose is to create a specialised Director of Child Protection Litigation to prepare and run child protection applications and proceedings for the State (s 4). The Act also declares the paramount principle that a child’s safety, wellbeing and best interests are to be preferred if they conflict with adult interests (s 5), and requires administration of the Act to have regard to a number of child-protection principles drawn from the Child Protection Act 1999 (s 6).\n\nTesting that purpose against costs, incentives and trade-offs\n\n- Concentration of litigation authority (secs 9–10): by centralising the State’s litigation in one office, the law reduces duplication and creates a single decision-maker responsible for court strategy and evidence standards. That can lower coordination costs and promote consistency. The trade-off is centralisation of discretion: the director controls whether a matter proceeds (s 17) and can refuse or change the nature of an application (s 18), which can create single-point decision risk and increase the bargaining power of the office over the chief executive and service providers.\n\n- Evidence and referral rules (secs 15–16, 39): the chief executive is required to refer specified matters and to provide a brief of evidence. This shifts evidentiary-preparation costs (investigation, affidavits) onto the child safety agency and imposes an administrative and compliance burden on that agency. The director may ask for more material before proceeding (s 17), which creates a gatekeeping function but may also delay court action if evidence is incomplete.\n\n- Independence and accountability (secs 13, 25, 32–33, 40–41): the director is insulated from Ministerial direction when performing functions (s 13), which supports legal independence. At the same time the director is appointed and removable through executive processes (appointment by Governor in Council on Ministerial recommendation; removal on Ministerial recommendation—secs 25, 32), creating a tension: operational independence is protected in statute, but political control exists through appointment and removal. Annual reporting and a statutory review after three years (secs 40–41) provide transparency and a check on the office’s operations.\n\n- Confidentiality and research access (secs 19–21): strong criminal penalties (up to 100 penalty units or 2 years imprisonment; s 19, 21) protect sensitive material. The Act permits carefully limited research access if the director is satisfied individuals cannot be identified (s 20), balancing privacy with the public interest in evidence-based policy. Compliance and record-keeping costs for staff and contractors will rise because of the penalties and procedural requirements.\n\n- Use of external lawyers and procurement effects (secs 11, 12): the director can engage private lawyers. Centralised purchasing of legal services concentrates demand, creating predictable revenue opportunities for law firms but also potential procurement risks (single-supplier dependence, rent-seeking) unless procurement is managed competitively. The Act does not prescribe procurement processes.\n\n- Limits on private actors: by preventing other persons from making state child-protection applications (s 10(2)), the Act removes a pathway that private entities or local authorised officers might previously have used. This narrows who can start these state-initiated proceedings and channels disputes through a single State representative.\n\nWho pays, who decides, and expected behaviour changes (concrete)\n\n- Who pays: the State funds the director’s office (remuneration and staff under ss 28, 37) and litigation costs (the director represents the State and has State privileges—s 8). The chief executive (child safety) bears costs of investigation and preparing briefs required by ss 15–16.\n- Who decides: the director decides whether to bring or continue State child-protection litigation (s 17), subject to consultation obligations with the chief executive (s 18). The chief executive decides when to refer matters (s 15), but must refer in specified circumstances.\n- Behaviour changes: authorised officers and the child safety agency will shift resources into preparing referral briefs and evidence (s 16). Legal service providers may respond to a central demand source (s 11). Other potential applicants are effectively excluded from bringing State child-protection applications (s 10(2)).\n\nImplementation risks and opportunity costs\n\n- Implementation requires a resourced office (staff, evidence-management systems, legal budget). If under-resourced, the director’s gatekeeping role could delay proceedings or increase reliance on external counsel.\n- Centralisation brings efficiency gains but raises concentration risks: a single office’s strategic choices will materially affect many children’s cases; errors or policy drift will have system-wide effects.\n- The Act leaves procedural specifics to director-issued guidelines (s 39). That allows operational flexibility but creates reliance on internal guidance rather than parliamentary detail; it increases the importance of guideline drafting, transparency and review.\n\nBottom line (mechanics then rationale)\n\nMechanically, the Act creates a statutory, state-funded Director of Child Protection Litigation with exclusive authority to run the State’s child-protection litigation, sets referral and evidence rules between the child safety agency and the director, imposes confidentiality obligations and penalties, and establishes appointment, reporting and guideline-making arrangements. The instrument’s stated goal is to concentrate and professionalise how the State brings child-protection orders and related litigation (s 4). The main trade-offs are centralised discretion and administrative burden on the child safety agency versus potential gains in consistency, legal standardisation and efficiency; confidentiality rules protect privacy but add compliance costs; the Act permits engagement of private lawyers, concentrating legal work while leaving procurement processes unspecified (secs 11, 12)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing the Director of Child Protection Litigation and defining their role in child protection proceedings. While amendments have expanded the principles to include permanency planning (2017) and updated public sector employment references (2022), these are evolutionary refinements within the original scope rather than scope creep. The core function—separating legal decision-making from child safety investigations—remains unchanged."},"complexity_factors":["Extensive cross-referencing to the Child Protection Act 1999 (at least 15 external section references)","Multiple defined terms that rely on external legislation (e.g., 'permanent care order', 'permanent guardian', 'child in need of protection' all defined by reference to the Child Protection Act 1999)","Conditional delegation restrictions in section 14 (written form requirements, sub-delegation prohibitions, staff-only limitations for certain functions)","Nested confidentiality exceptions in sections 19-21 with overlapping but distinct permission sets","Transitional provisions dealing with pre-commencement proceedings and 'pre-amended' versions of other Acts","Dual role provisions requiring consultation between Director and chief executive with written reasons requirements for disagreements (section 18)"],"plain_english_summary":"This Queensland law creates a special government lawyer called the **Director of Child Protection Litigation** to handle court cases about protecting children from harm.\n\n**What it does:**\n- Establishes an independent legal office that represents the State in child protection matters\n- Gives this Director the exclusive power to apply for **child protection orders** (court orders that can remove children from unsafe homes or place conditions on parents)\n- Sets up a process where the child safety department must **refer** cases to the Director when they believe a child needs legal protection\n- Allows the Director to decide whether to take the case to court or send it back to the department\n\n**Who it affects:**\n- **Children** at risk of harm or already under protection orders\n- **Parents and carers** who may face court action about their children\n- **The Department of Child Safety** (which investigates concerns but must hand over legal proceedings to the Director)\n- **The Director and their legal staff** (who must be experienced lawyers)\n\n**Key principles:**\n- The **safety and best interests of the child** are paramount (come first) over adult interests\n- The Director must only take action that is **necessary and warranted**, choosing the **least intrusive** option available\n- The Director operates **independently** from the Minister and cannot be told how to handle specific cases\n- **Confidentiality** is strictly protected, with criminal penalties for improper disclosure of information\n\n**Why it matters:**\nThis law separates the investigation of child safety concerns (done by the department) from the legal prosecution of those concerns (done by the Director). This creates a \"Chinese wall\" between social workers and lawyers, ensuring legal decisions about removing children from families are made by qualified legal professionals who can assess evidence objectively, rather than by the same people who investigated the initial concerns."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original stated purpose: establishing the Director of Child Protection Litigation to handle court proceedings for child protection matters. Amendments have refined and clarified the framework (e.g., adding permanency principles, updating public sector references) but have not materially expanded or contracted the scope beyond the original intent."},"complexity_factors":["Heavy cross-referencing to external legislation, particularly the Child Protection Act 1999 (multiple chapters and sections) and the Adoption Act 2009, requiring readers to consult multiple documents to understand the full legal framework","Multi-layered institutional structure involving the Director, the chief executive (child safety), the Minister, and the Governor in Council, with distinct roles and obligations for each","Nuanced independence/accountability balance — Director is independent of ministerial control for legal functions but still accountable through appointment, removal, and reporting mechanisms","Detailed transitional provisions dealing with pre-existing applications, ongoing proceedings, and interstate transfers requiring careful interpretation","Confidentiality regime with criminal penalties that has multiple layered exceptions depending on who holds the information and for what purpose","Delegation rules with different restrictions depending on which function is being delegated","References to international law (the Hague Convention on International Child Abduction) and Commonwealth legislation (Family Law Act 1975)","Amended multiple times since commencement (2017, 2020, 2022, 2023), creating version-tracking complexity"],"plain_english_summary":"This law creates an independent Director of Child Protection Litigation — a senior specialist lawyer who alone manages court work for at‑risk children (applications, appeals, international child‑abduction matters) and must act independently of the Minister. Child Safety investigates and refers cases with evidence; the Director decides whether to litigate, prioritising the child’s best interests and least intrusive intervention.\n\nThe scheme separates investigation from courtroom advocacy, adds confidentiality penalties, special protections for Indigenous children, and requires annual reporting and a three‑year statutory review."}},"importantCases":[],"_links":{"self":"/api/acts/director-of-child-protection-litigation-act-2016","history":"/api/acts/director-of-child-protection-litigation-act-2016/history","analysis":"/api/acts/director-of-child-protection-litigation-act-2016/analysis","conflicts":"/api/acts/director-of-child-protection-litigation-act-2016/conflicts","importantCases":"/api/acts/director-of-child-protection-litigation-act-2016/important-cases","documents":"/api/acts/director-of-child-protection-litigation-act-2016/documents"}}