Care and Protection of Children Act 2007

Division 3 Transitional matters for Care and Protection of Children (Legal Representation and Other Matters) Act 2013 336 Legal representation .................................................................... 166 Division 4 Transitional matters for Care and Protection of Children Amendment Act 2019 337 Definition...................................................................................... 167 338 Care plans ................................................................................... 167 339 Interim care plans ........................................................................ 167 340 Application of Part 2.3, Division 4, Subdivision 1 ......................... 167 341 Application of Part 2.3, Division 4, Subdivision 3 ......................... 167 342 Application of Part 2.3, Division 4, Subdivision 4 ......................... 168 Division 5 Transitional matters for Territory Families Legislation Amendment Act 2021 343 Application of section 308 ............................................................ 168

As in force at 25 March 2024

CARE AND PROTECTION OF CHILDREN ACT 2007 An Act about the care and protection of children, and for related purposes

Part 1.1 Preliminary matters

1 Short title This Act may be cited as the Care and Protection of Children Act 2007.

2 Commencement This Act commences on the date fixed by the Administrator by Gazette notice.

3 Act binds Crown This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. Part 1.2 What this Act is about

4 Objects of Act The objects of this Act are: (a) to promote the wellbeing of children, including: (i) to protect children from harm and exploitation; and (ii) to maximise the opportunities for children to realise their full potential; and (b) to assist families to achieve the object in paragraph (a); and

Care and Protection of Children Act 2007 2 (c) to ensure anyone having responsibilities for children has regard to the objects in paragraphs (a) and (b) in fulfilling those responsibilities.

5 Overview To achieve those objects, this Act provides for the following: (a) measures for safeguarding the wellbeing of children (see Chapter 2), in particular: (i) mandatory reporting requirements for children at risk of harm or exploitation (see Part 2.1, Division 3); and (ii) the powers of the Minister, the CEO and other officers to take actions for the wellbeing of children (see Parts 2.1 and 2.2); and (iii) the powers of the Court to make orders for the wellbeing of children (see Parts 2.3 and 2.4); (b) measures for the prevention of harm and exploitation of children (see Chapter 3), in particular: (i) screening for child-related employment (see Part 3.1); and (ii) restriction of child employment (see Part 3.2); and (iii) prevention of child deaths (see Part 3.3); (d) the establishment of a framework for sharing information about children, review teams and other administrative measures (see Chapter 5).

6 Principles (1) The underlying principles of this Act are set out in sections 7 to 12A. (2) Anyone exercising a power or performing a function under this Act must, as far as practicable, uphold those principles. (3) However, those principles do not affect the operation of any law in force in the Territory.

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7 Responsibility of Territory Government (1) The Northern Territory Government has responsibility for promoting and safeguarding the wellbeing of children and supporting families in fulfilling their role in relation to children. (2) In exercising powers or performing functions under this Act, Agencies have a responsibility to work cooperatively and in a timely manner.

8 Role of family (1) The family of a child has the primary responsibility for the care, upbringing and development of the child. (2) In fulfilling that responsibility, the family should be able to bring up the child in any language or tradition and foster in the child any cultural, ethnic or religious values. (3) A child may be removed from the child's family only if there is an unacceptable risk of harm to the child. (4) As far as practicable, and consistent with section 10, if a child is removed from the child's family: (a) contact between the child and the family should be encouraged and supported; and (b) the child should eventually be returned to the family.

8A Responsibility of public authorities In exercising powers or performing functions under this Act, public authorities have a responsibility to: (a) promote and safeguard the wellbeing of children and support their families; and (b) work cooperatively and in a timely manner.

9 Treating child with respect (1) Each child is a valued member of society and is entitled to be treated in a way that respects the child's dignity and privacy. (2) Decisions involving a child should be made: (a) promptly having regard to the child's circumstances; and (b) in a way that is consistent with the cultural, ethnic and religious values and traditions relevant to the child; and

Care and Protection of Children Act 2007 4 (c) with the informed participation of the child, the child's family and other people who are significant in the child's life.

10 Best interests of child (1) When a decision involving a child is made, the best interests of the child are the paramount concern. (2) Without limiting subsection (1), consideration should be given to the following matters in determining the best interests of a child: (a) the need to protect the child from harm and exploitation; (b) the capacity and willingness of the child's parents or other family members to care for the child; (c) the nature of the child's relationship with the child's family and other persons who are significant in the child's life; (ca) the need to strengthen, preserve and promote positive relationships between the child and the child's parents, family members, kinship group and other persons who are significant in the child's life; (cb) in circumstances where the child has been removed from the care of the child's family, all possibilities related to reunifying the child with the child's parents; (d) the wishes and views of the child, having regard to the maturity and understanding of the child; (e) the child's need for permanency in the child's living arrangements; (f) the child's need for stable and nurturing relationships; (g) the child's physical, emotional, intellectual, spiritual, developmental and educational needs; (h) the child's age, maturity, gender, sexuality and cultural, ethnic and religious backgrounds; (ha) if the child is an Aboriginal child – the child's right to enjoy the Aboriginal culture and tradition of the child's family and community including the need to maintain ongoing contact with the child's family and connection to country and language; (i) other special characteristics of the child;

Care and Protection of Children Act 2007 5 (j) the likely effect on the child of any changes in the child's

10A Decisions involving an intervention in the life of a child When a decision involving an intervention in the life of a child is made, the intervention must be the least intrusive intervention in the child's life that is consistent with the best interests of the child.

11 Child participation When a decision involving a child is made: (i) should be given adequate information and explanation in a way that the child can understand; and (ii) should be given the opportunity to respond to the proposed decision; and (iii) should be given the opportunity to express the child's wishes and views freely; and (iv) should be given assistance in expressing those wishes and views; and (b) those wishes and views should be taken into account, having

12 Aboriginal children (1) Kinship groups, Aboriginal community-controlled organisations and communities of Aboriginal people have a major role, through self- determination, in promoting the wellbeing of Aboriginal children. (2) When a significant decision involving an Aboriginal child is to be made: (a) the child's family members have a right to participate, and to be enabled to participate, in an administrative or judicial process for making the decision; and (b) the child and the child's family have a right to identify any of the following persons that the child or family would like to participate in the making of the decision: (i) a person with cultural authority; (ii) a member of a kinship group;

Care and Protection of Children Act 2007 6 (iii) a member of an Aboriginal community-controlled organisation; (iv) a member of a community of Aboriginal people; and (c) a person identified in accordance with paragraph (b) has the right to participate in the making of the decision. (2A) When a decision involving an Aboriginal child is made, the decision should be healing focussed and trauma informed. (2B) An Aboriginal child has the right to be brought up within the child's own family and community and on the child's own country. (2C) An Aboriginal child has a right to be supported to develop and maintain a connection with the child's family, community, culture, traditions, language and country, particularly when the child is placed with a person who is not from the child's community or kinship group. (2D) If an Aboriginal child is to be placed with a person, the principles set out in subsections (3) and (4) apply. (3) An Aboriginal child should, as far as practicable, be placed with a person in the following order of priority: (a) a member of the child's family; (b) an Aboriginal person in the child's community in accordance with local community practice; (c) any other Aboriginal person; (d) a person who: (i) is not an Aboriginal person; but (ii) in the CEO's opinion, is sensitive to the child's needs and capable of supporting the child to develop and maintain a connection with the child's family, community, culture, traditions, language and country. (4) In addition, an Aboriginal child should, as far as practicable, be placed in close proximity to the child's family and community.

Care and Protection of Children Act 2007 7 (5) In this section: significant decision, involving a child, means a decision likely to have a significant impact on the child's life. Examples for definition significant decision 1 A decision about placing a child in care or about the placement arrangement for the child. 2 A decision about whether or not to apply for a child protection order for a 12A Children with disabilities (1) A child with a disability has a right to be treated in a way that respects the child's developing capacity and preserves their identity. (2) In addition, a child with a disability has: (a) the same rights as other children to express the child's wishes and views; and (b) the right to be provided with disability and age appropriate assistance to realise the rights mentioned in paragraph (a); and (c) the right to have due weight given to the child's wishes and views in accordance with the child's age, maturity and understanding on an equal basis with other children.

13 Definitions In this Act: Aboriginal means: (a) a descendant of the Aboriginal people of Australia; or (b) a descendant of the indigenous inhabitants of the Torres Strait Islands. Aboriginal community-controlled organisation means an organisation that is controlled by and represents the interests of Aboriginal people. Aboriginal customary law means: (a) customary law of the Aboriginal people of Australia; or

Care and Protection of Children Act 2007 8 (b) customary law of the indigenous inhabitants of the Torres Strait Islands. Aboriginal tradition means: (a) tradition of the Aboriginal people of Australia; or (b) tradition of the indigenous inhabitants of the Torres Strait Islands. administrative guidelines means: (a) for the making of a decision by the Authority – administrative guidelines made under section 191(1); or (b) for the operation of Part 5.1A – administrative guidelines made under section 293H. adult means: (a) a person at least 18 years of age; or (b) a person apparently at least 18 years of age if the person's age cannot be proved. advisor means an advisor to the Committee mentioned in section 215. approved form means a form approved by the CEO under section 302. assessment order means an assessment order made under section 115(a) or (b). authorised officer, see section 304(1). Authority means the Screening Authority established by section 196(1). candidate, see section 188(1). care plan, see section 70(2). carer, see section 78(1). CEO means the Chief Executive Officer of the Department. child means: (a) a person less than 18 years of age; or

Care and Protection of Children Act 2007 9 (b) a person apparently less than 18 years of age if the person's age cannot be proved. Child Deaths Register means the Child Deaths Register established by section 212(1). child deaths, see section 208. child is in the CEO's care, see section 67(1). child is in need of protection, see section 20. child leaves the CEO's care, see section 67(2). child protection order, for Part 2.4, see section 153. child protection proceeding, for Part 2.4, see section 153. child-related authority, see section 37(1). child-related employment, see section 185. child-related services means services that: (a) are provided to one or more of the following: (i) a child (whether or not in need of protection) or young person who has left the CEO's care; (ii) someone who is related to or is a family member of the child or person; (iii) an organisation representing the interests of the child or person; (iv) an organisation representing a community of which the child or person is a member; and (b) are in the nature of social services that relate to one or more of the following: (i) the prevention of harm to, or exploitation of, a child; (ii) the protection of a child; (iii) services for the care or support of a child and the child's family (including domestic support services); (iv) a placement arrangement; (v) medical or other health-related services;

Care and Protection of Children Act 2007 10 (vi) information and advisory services; (vii) counselling services; (viii) advocacy services; (ix) mediation services. child-related work, see section 185(2). child welfare law, for Part 2.4, see section 153. Children's Court, for Part 2.4, see section 153. clearance notice means a clearance notice issued under section 189(3)(a). Commissioner, see section 6 of the Children's Commissioner Committee means the Child Deaths Review and Prevention Committee established by section 209(1). contact includes: (a) any form of physical contact; and (b) any form of oral communication, whether face-to-face or by other means; and (c) any form of written communication. Convenor means the person holding or occupying the office of Convenor of the Committee mentioned in section 209(4). Court means the Local Court. Court order, see section 88(1). Court proceedings, see section 88(1). criminal history means a criminal record as defined in section 3(1) of the Criminal Records (Spent Convictions) Act 1992. customary law or tradition includes: (a) Aboriginal customary law; and (b) Aboriginal tradition. daily care and control, of a child, see section 21.

Care and Protection of Children Act 2007 11 daily care and control direction, see section 123(1)(b). Department means the Agency administering this Act. engage, for child-related employment, see sections 185 and 186. exploitation, see section 16. family, see section 19. Framework, for Part 5.1B, see section 293L. harm, see section 15. health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student). health services, see section 4(1) of the Health and Community Services Complaints Act 1998. holder means the person to whom a licence is granted. home order, for Part 2.4, see section 153. home proceeding, for Part 2.4, see section 153. hospital includes: (a) a hospital as defined in section 5 of the Medical Services Act 1982; and (b) a private hospital as defined in section 4A of the Private Hospitals Act 1981. identity card means an identity card issued under section 305. information about a child, for Part 5.1A, see section 293B. information sharing authority, for Part 5.1A, see section 293C. interim care plan, see section 76(2). interim order, for Part 2.4, see section 153. interstate law, for Part 2.4, see section 153. interstate officer, for Part 2.4, see section 153. long-term parental responsibility direction, see section 123(1)(d).

Care and Protection of Children Act 2007 12 mediation conference means: (a) for a conference arranged by the CEO – see section 49; (b) for a conference ordered by the Court – see section 127 or 139(1)(e). member means a member of the Committee mentioned in section 209. misleading information includes information that is misleading because the information: (a) does not contain relevant information; or (b) contains misinformation. operator of child-related services means a person who controls an operation for the provision of child-related services. parent: (a) for Part 2.4, see section 153; or (b) otherwise – see section 17. parental responsibility, see section 22. participating State, for Part 2.4, see section 153. permanent care order, see section 137A. placement arrangement, see section 78. protection order means an order made under section 128(1). provisional protection, see section 51. public authority, see section 6 of the Children's Commissioner reasonably believes means believes on reasonable grounds. regulation means a regulation made under this Act. relative, see section 18. school, see section 5 of the Education Act 2015. sending State, for Part 2.4, see section 153.

Care and Protection of Children Act 2007 13 service organisation, for Part 5.1B, see section 293L. service provider, in relation to a vulnerable child, see section 6 of the Children's Commissioner Act 2013. sexual offence, see section 3 of the Sexual Offences (Evidence and Procedure) Act 1983. short-term parental responsibility direction, see section 123(1)(c). State, for Part 2.4, see section 153. supervision direction, see section 123(1)(a). team means a review team established under section 295. temporary placement arrangement means an arrangement mentioned in section 46. temporary protection order means a temporary protection order made under section 105. underlying principles of this Act, see section 6. vulnerable child, see section 7 of the Children's Commissioner wellbeing of a child, see section 14. working day: (a) for Part 2.4, see section 153; or (b) otherwise – means a day that is not a Saturday, Sunday or public holiday as defined in the Public Holidays Act 1981. young parent, for Part 2.3, Division 6B, see section 143F. young person who has left the CEO's care, see section 68. Note for section 13 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

14 Wellbeing of child The wellbeing of a child includes the child's physical, psychological and emotional wellbeing.

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15 Harm to child (1) Harm to a child is any significant detrimental effect caused by any act, omission or circumstance on: (a) the physical, psychological or emotional wellbeing of the child; or (b) the physical, psychological or emotional development of the (2) Without limiting subsection (1), harm can be caused by the (a) physical, psychological or emotional abuse or neglect of the (b) sexual abuse or other exploitation of the child; (c) exposure of the child to physical violence; (d) exposure of the child to domestic or family violence.

16 Exploitation of child (1) Exploitation of a child includes sexual and any other forms of exploitation of the child. (2) Without limiting subsection (1), sexual exploitation of a child includes: (a) sexual abuse of the child; and (b) involving the child as a participant or spectator in any of the (i) an act of a sexual nature; (ii) prostitution; (iii) a pornographic performance.

17 Parent of child (1) A parent of a child is the child's father, mother or any other person who has parental responsibility for the child. (2) A parent of an Aboriginal child includes a person who is regarded as a parent of the child under Aboriginal customary law or Aboriginal tradition.

Care and Protection of Children Act 2007 15 (3) However, any of the following must not be regarded as a parent of a child: (b) a person who has responsibility for the care of the child only on a temporary basis; (c) a person, such as a teacher or childcare worker, who has responsibility in relation to the child because of a professional relationship. (4) To avoid doubt, a reference in this Act to the parents of a child includes a reference to the parent of a child who has only one parent.

18 Relatives of child (1) A relative of a child is any of the following: (a) a parent, grandparent or any other ancestor of the child; (b) a step-parent of the child; (c) a sibling of the child; (d) an uncle or aunt of the child; (e) a cousin of the child; (f) a person who is related to the child in accordance with: (i) any customary law or tradition applicable to the child; or (ii) any contemporary custom or practice. (2) To avoid doubt, a relationship covered by subsection (1) may include a relationship that arises through common ancestry, adoption, marriage, de facto relationship or any customary law or tradition.

19 Family of child The family of a child includes: (a) the relatives of the child; and (b) the members of the extended family of the child in accordance with: (i) any customary law or tradition applicable to the child; or

Care and Protection of Children Act 2007 16 (ii) any contemporary custom or practice; and (c) anyone who is closely associated with the child or another family member of the child.

20 When child is in need of care and protection A child is in need of care and protection (child is in need of protection) if: (a) the child has suffered or is likely to suffer harm or exploitation because of an act or omission of a parent of the child; or (b) the child is abandoned and no family member of the child is willing and able to care for the child; or (c) the parents of the child are dead or unable or unwilling to care for the child and no other family member of the child is able and willing to do so; or (d) the child is not under the control of any person and is engaged in conduct that causes or is likely to cause harm to the child or other persons.

21 Daily care and control of child A person has daily care and control of a child if the person is entitled to exercise all the powers and rights, and has all the responsibilities, for the day-to-day care and control of the child.

22 Parental responsibility for child (1) A person has parental responsibility for a child if the person is entitled to exercise all the powers and rights, and has all the responsibilities, for the child that would ordinarily be vested in the parents of the child. (2) Without limiting subsection (1), a person who has parental responsibility for a child: (a) has daily care and control of the child; and (b) is entitled to exercise all the powers and rights, and has all the responsibilities, in relation to the long-term care and development of the child. (3) To avoid doubt, a reference in this Act to a person who has parental responsibility for a child includes a person who has been given parental responsibility for the child under a law of another jurisdiction.

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23 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 23 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

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24 Objects of Part The objects of this Part are: (a) to oblige members of the public to report cases of children at risk of harm or exploitation; and (b) to ensure the Minister, the CEO and authorised officers have the power to take appropriate actions to: (i) protect children who are in need of protection; and (ii) promote the wellbeing of children generally; and (iii) promote the wellbeing of young persons who have left the CEO's care. Note A child who is the subject of the exercise of a power under this Chapter may make a complaint to the Children's Commissioner about certain matters under the Children's Commissioner Act 2013.

25 Minister's powers (1) The Minister may do anything for the adoption of a cooperative approach between the following in relation to the care and protection of children: (a) families; (b) Agencies and any other public authorities; (c) any other individuals or organisations (including, for example, community groups, business entities and any other bodies). (2) The Minister may make policy guidelines for the exercise of a power or performance of a function by the CEO under this Act. (3) The Minister must, by Gazette notice, give notice about the making of the guidelines as soon as practicable after they are made.

Care and Protection of Children Act 2007 19 (4) The CEO must have regard to the guidelines in the exercise of the power or performance of the function. (5) The Minister may give direction to the CEO in relation to the exercise of a power or performance of a function by the CEO under this Act. (6) The CEO must comply with the direction. (7) An exercise of the Minister's power under this section must be consistent with this Act.

26 Reporting obligations (1) A person is guilty of an offence if the person: (a) believes, on reasonable grounds, any of the following: (i) a child has suffered or is likely to suffer harm or exploitation; (ii) a child aged less than 14 years has been or is likely to be a victim of a sexual offence; (iii) a child has been or is likely to be a victim of an offence against section 208K, 208KA or 208KB of the Criminal Code; and (b) does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a police officer: (i) that belief; and (ii) any knowledge of the person forming the grounds for that belief; and (iii) any factual circumstances on which that knowledge is based. Note for subsection (1)(a)(iii) The victim of an offence against section 208K, 208KA or 208KB of the Criminal Code is a child who is 16 or 17 years of age and in relation to whom the offender is in a position of authority (for example, because the offender is a legal guardian or employer of the child).

Care and Protection of Children Act 2007 20 (2) A person is guilty of an offence if the person: (a) is a health practitioner or someone who performs work of a kind that is prescribed by regulation; and (b) believes, on reasonable grounds: (i) that a child aged at least 14 years (but less than 16 years) has been or is likely to be a victim of a sexual offence; and (ii) that the difference in age between the child and alleged sexual offender is more than 2 years; and (c) does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a police officer: (i) that belief; and (ii) any knowledge of the person forming the grounds for that belief; and (iii) any factual circumstances on which that knowledge is based. Example for subsection (2)(b)(ii) A health practitioner believes, on reasonable grounds, that a child who has just turned 14 is likely to be a victim of a sexual offence committed by someone aged 16 and a half. subsection (1) or (2) if the defendant has a reasonable excuse. (4) This section has effect despite any other provision in this Act or another law of the Territory.

27 Protection of person making report (1) A person acting in good faith in making a report under section 26 is not civilly or criminally liable, or in breach of any professional code of conduct: (a) for making the report; or (b) for disclosing any information in the report. (2) In any proceedings before a court, except with the court's leave: (a) the report or evidence of its contents is not admissible; and

Care and Protection of Children Act 2007 21 (b) a person cannot be compelled to give evidence, or to produce a record, about the report or the identity of the maker of the report. (3) The leave may be granted only if: (a) the report, evidence or record is of critical importance to the (b) failure to grant the leave would prejudice the proper administration of justice.

28 What happens when police officer receives report (1) A police officer must, as soon as practicable after receiving a report under section 26, notify the CEO about the receipt of the report. (2) The notification must include details in the report.

29 What happens when CEO receives report or notification (1) The CEO must record the receipt of a report under section 26 or a notification about a report under section 28(1) in relation to a child. (2) The CEO may inform the following persons about actions that the CEO has taken or proposes to take for the child: (a) the person who made the report; (b) the police officer who gave the notification.

30 Duties of other persons (1) Each of the following persons must ensure everyone providing services for a child under the person's control or direction is aware of the obligations under section 26(1): (a) an operator of child-related services; (b) an approved provider of an education and care service (c) the person in charge of a hospital or any other facility for (d) the person in charge of a school or any other educational institution.

Care and Protection of Children Act 2007 22 (2) Each person who engages another person in child-related employment must ensure the other person is aware of the obligations under section 26(1). (2A) Each person who engages another person to perform work as a health practitioner or work of a kind prescribed under section 26(2)(a) must ensure the other person is aware of the obligations under section 26(1) and (2). subsection (1), (2) or (2A) if the defendant has a reasonable excuse.

31 Object of Division The object of this Division is to ensure the CEO and police officers have the power to take steps to determine whether the wellbeing of a child is at risk.

32 CEO may make inquiries (1) The CEO may make inquiries about a child if the CEO receives information that raises concerns about the child's wellbeing. Note The CEO may therefore exercise this power whether or not as a result of a report under section 26 or a notification under section 28(1). (2) On completing the inquiries, the CEO must decide whether any further action should be taken for the child under this Part or

Part 2.3.

33 Police may make inquiries (1) A police officer may make inquiries about a child if the officer receives information that raises concerns about the child's wellbeing. (2) Within 24 hours after completing the inquiries, the officer must give a report of the inquiries to the CEO.

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34 Giving information for inquiries (1) This section applies if inquiries about a child are being made under section 32 or 33 by the CEO or a police officer (the inquiring officer). (2) The inquiring officer may, for the inquiries, request any of the following persons to give the officer specified information about the child or another person (for example, a family member of the child) that directly or indirectly relates to the inquiry: (aa) a person whom the officer reasonably believes has the specified information; (a) a parent or another family member of the child; (b) a police officer; (c) a person employed or engaged by an Agency; (d) an operator of child-related services; (e) an approved provider of an education and care service (f) a health practitioner; (g) the person in charge of a hospital or any other facility for (h) the person in charge of a school or any other educational institution; (i) a service provider for a vulnerable child; (j) any other person prescribed by regulation. (2A) A request under subsection (2) must be in writing and must specify: (a) the date and time by which the specified information must be given; and (b) that the information is needed because the inquiring officer has concerns about the child's wellbeing.

Care and Protection of Children Act 2007 24 subsection (3) if:

35 CEO's power to investigate (1) The CEO may initiate an investigation to determine whether a child is in need of protection. (2) The CEO may do so only if the CEO believes on reasonable grounds the child might be in need of protection (whether or not inquiries about the child have been made under section 32 or 33). (3) The investigation must be conducted by an authorised officer. (4) On completing the investigation, the CEO must decide whether any further action should be taken for the child under this Part or Part 2.3.

36 Police officer's power to investigate (1) A police officer may initiate an investigation to determine whether a child is in need of protection. (2) The police officer may do so only if the officer believes on reasonable grounds the child might be in need of protection (whether or not inquiries about the child have been made under section 32 or 33). (3) The investigation must be conducted by that or another police officer. (4) Within 24 hours after completing the investigation, the officer who conducted the investigation must give a report of the investigation to the CEO.

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37 Access to child (1) For an investigation about a child under section 35 or 36, the officer conducting the investigation may request a person mentioned in section 34(2)(b) to (j) (child-related authority) to allow the officer: (a) to have contact with the child; and (b) to do so without informing the parents of the child. (2) The officer may do so only if the officer reasonably believes: (a) not to inform the parents is in the best interests of the child; or (b) to inform the parents might compromise the investigation. subsection (3) if: (b) the child indicated that he or she did not wish to have the contact. (5) The officer must inform at least one of the parents of the contact and the reasons for it as soon as practicable after it has occurred. (6) However, subsection (5) does not apply if: (a) the officer reasonably believes: (i) a person may be charged with an offence in relation to (ii) complying with the subsection might compromise the investigation of the offence; or (b) the officer reasonably believes complying with the subsection may expose the child to harm or exploitation; or (c) the child has requested that the parents not be informed about the contact and the officer reasonably believes it is in the child's best interests to comply with the request.

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38 Access to information (1) For an investigation about a child under section 35 or 36, the officer conducting the investigation may request a child-related authority to allow the officer: (a) to have access to specified information about the child; and (b) to do so without informing the parents of the child. (a) the date and time by which access to the specified information must be given; and (b) that the information is needed to determine whether the child is in need of protection. (2) The officer may do so only if the officer reasonably believes: (a) not to inform the parents is in the best interests of the child; or (b) to inform the parents might compromise the investigation.

39 Protection of persons providing access or information A person acting in good faith in complying with a request under section 34(2), 37(1) or 38(1) is not civilly or criminally liable, or in breach of any professional code of conduct, for complying with the request.

40 CEO may take action during inquiries or investigation This Division does not prevent the CEO from taking another action for a child under this Part, Part 2.2 or Part 2.3 while an action is being taken for the child under this Division.

Care and Protection of Children Act 2007 27

41 Object of Division The object of this Division is to ensure the CEO has sufficient power: (a) to perform the CEO's functions under this Act; and (b) to take actions for the wellbeing of children generally (including actions with the voluntary participation of parents and for children who are not necessarily in need of protection).

42 What CEO may do generally (1) The CEO may take any action that is consistent with this Act: (a) to promote the wellbeing of children generally; or (ab) to provide or facilitate the provision of services or support to children, families and communities aimed at promoting or safeguarding the wellbeing of children; or (b) to promote the wellbeing of young persons who have left the CEO's care; or (c) to provide proper facilities for this Act (including the acquisition and management of land and other property for this Act); or (ca) to provide information to children, families and the community generally about the development and safety of children; or (cb) to provide or facilitate the provision of assistance to Aboriginal communities to establish programs for preventing or reducing incidents of harm to children in Aboriginal communities; or (d) to undertake research, publication and collection of information for the objects of this Act; or (e) to cooperate with other Agencies, non-government organisations or other persons or bodies for an action mentioned in paragraphs (a) to (d); or (f) to facilitate that cooperation (including the creation of procedures for that cooperation and the review of those procedures). (2) The CEO must have regard to the objects and underlying principles of this Act when acting under subsection (1).

Care and Protection of Children Act 2007 28 (3) The CEO must take reasonable steps to ensure that services provided under this Act include, where appropriate: (a) preventative and support services to strengthen and support families to reduce the incidents of harm to children; and (b) if a risk of harm to a child has been identified – services to protect the child. (4) The CEO must take reasonable steps to ensure that services provided to families under this Act, where appropriate: (a) involve meaningful engagement with families in a language and manner they understand (for example, by providing the use of an interpreter); and (b) are culturally responsive; and (c) involve a holistic assessment of children and families to ascertain risk factors in order to enable tailored supports and services to be provided; and (d) promote decision-making processes that: (i) seek to empower and strengthen families to make decisions for their families; and (ii) actively involve: (A) children; and (B) parents, family members and members of the relevant kinship group; and (iii) are developed with regard to the age, maturity, health, cognitive ability and cultural background of the children involved.

43 CEO may request assistance (1) The CEO may request a public authority to provide the CEO with specified assistance for the exercise of a power or the performance of a function under this Act. (1A) Without limiting subsection (1), the CEO may request a public authority to provide prioritised access to child-related services to a child, a young person who has left the CEO's care or a member of the child's or young person's family, if the child or young person is at risk of significant harm.

Care and Protection of Children Act 2007 29 (2) The public authority must comply with the request if doing so: (a) is consistent with its functions; and (b) does not unduly prejudice the performance of its functions.

44 Child-related services (1) The CEO may enter into an arrangement for: (a) the provision of child-related services; and (b) research and development to be carried out for child-related services; and (c) the funding (in whole or part) of the services or the research and development. (2) However, the CEO must not do so unless the CEO is satisfied the arrangement: (a) is consistent with the underlying principles of this Act; and (b) furthers the objects of this Act. (3) This section does not limit section 42.

45 Coordination assistance (1) The CEO may provide assistance to persons or bodies in coordinating their effort to provide services (including child-related services) for a child or young person who has left the CEO's care, including assistance in: (a) convening a meeting of the persons or bodies; and (b) drawing up a plan for the provision of the services. (2) This section does not limit section 42.

46 Temporary placement arrangement (1) The CEO may arrange for the temporary placement of a child who is residing with the parents of the child. (2) The arrangement is for the child: (a) to be taken into the CEO's care for a period not exceeding 2 months specified by the CEO; and

Care and Protection of Children Act 2007 30 (b) to be placed under a placement arrangement subject to the conditions specified by the CEO. (3) The CEO may enter into the arrangement only if: (a) having regard to the wishes of the child, the CEO reasonably believes the arrangement will safeguard the wellbeing of the (b) the parents agree to enter into the arrangement; and (c) if the child is at least 15 years of age – the child has consented to the arrangement. (4) The CEO has daily care and control of the child while the arrangement is in force. (5) The arrangement may be extended for further periods. (6) However: (a) each extended period must not exceed 2 months; and (b) in any case – the arrangement must cease to be in force 6 months after it was made. (7) The CEO may require the parents to make contributions towards the maintenance of the child while the arrangement is in force. (8) One or both of the parents may, at any time: (a) terminate the arrangement; and (b) request the CEO to return the child to them. (9) Subject to the operation of any other provisions in this Act and any other law of the Territory, the CEO must comply with the request within 48 hours after receiving the request. (10) This section does not limit section 42. Note Unlike a placement arrangement resulting from other circumstances, the arrangement under this section is basically voluntary in nature.

47 Multiple arrangements This Division does not prevent the CEO from: (a) applying any provisions in this Division more than once for a

Care and Protection of Children Act 2007 31 (b) applying more than one provision in this Division for a person (whether at the same time or at different times).

48 Object of Division The object of this Division is to ensure that, as far as possible, the wellbeing of a child is safeguarded through agreements between the parents of the child and other interested parties.

49 Mediation conference (1) The CEO may arrange for a mediation conference to be convened for a child if: (a) concerns have been raised about the wellbeing of the child; and (b) the CEO reasonably believes the conference may address those concerns; and (c) the parents of the child are willing to participate in the conference. (2) The CEO may do so whether or not the CEO has already taken any other action for the child under this Part, Part 2.2 or Part 2.3. (3) The conference may be convened for any purposes relating to those concerns as specified by the CEO. (4) Without limiting subsection (3), the conference may be convened for one or more of the following purposes: (a) establishing the circumstances giving rise to those concerns; (b) reviewing an arrangement that has been made for the care of the child; (c) making recommendations about the care of the child; (d) arriving at an agreement on the best means of safeguarding (5) The CEO must appoint a person (the convenor) who is approved by the parents of the child and has the qualifications or experience prescribed by regulation to convene the conference. (6) The convenor may invite the parents and other persons to attend the conference as the convenor considers appropriate.

Care and Protection of Children Act 2007 32 (7) The regulations may make any provision for the conference, including the following: (a) any procedural and reporting requirements for the conference; (b) the appointment of a person to represent the interests of the child in the conference; (c) the making of any agreement arising from the conference; (d) the powers and functions of the convenor.

50 Object of Division The object of this Division is to ensure the CEO has the power to take urgent action for children who might be in need of protection.

51 When CEO may take child into provisional protection (1) The CEO may take a child into provisional protection if: (a) the CEO reasonably believes: (ii) the provisional protection is urgently needed to safeguard the wellbeing of the child; and (b) no protection order or temporary protection order is in force for Examples of urgency for subsection (1)(a)(ii) 1 The child is likely to suffer from harm or exploitation if the child is left at the place where the child is found. 2 A parent of the child is likely to remove the child from the child's usual place of residence to prevent access to the child by authorised officers after becoming aware of a proposed application for a protection order for the child. (2) As soon as practicable after taking a child into provisional protection, the CEO must inform the following persons that the CEO has done so: to whom parental responsibility for the child has been given; (b) otherwise – each parent of the child.

Care and Protection of Children Act 2007 33

52 Effect of provisional protection (1) For the purposes of taking the child into provisional protection, an authorised officer may do one or more of the following: reasonably necessary to find and apprehend the child; (d) remove the child from the place where the child is found; (e) arrange for a medical examination of the child; (f) arrange for the provision of other medical services for the (g) make other arrangements for the care and protection of the (h) if the officer is a staff member of a hospital in which the child is found – keep the child in the hospital for any of the purposes mentioned in paragraphs (e) to (g). (2) However, the child may refuse to submit to any of the examination mentioned in subsection (1)(e) if the child is of sufficient maturity and understanding to make the decision. (3) The officer may use any reasonable force or assistance in acting under subsection (1). (4) The officer must give a report to the CEO about any action taken by the officer under subsection (1) as soon as practicable after taking the action. (5) The CEO has daily care and control of the child while the child is in provisional protection.

53 Duration of protection (1) The child must be in the CEO's care for a period determined by the CEO that does not exceed 72 hours from the time the CEO takes the child into provisional protection.

Care and Protection of Children Act 2007 34 (2) Subject to any other provision of this Act and any other law of the Territory, the CEO must return the child by the end of the period to: to whom parental responsibility for the child has been given; or (b) otherwise – a parent of the child.

54 CEO may take other action This Division does not prevent the CEO from taking any other action under this Part or Part 2.3 for the child while the child is in provisional protection. Note Part 2.2 applies to the child while the child is in provisional protection, see section 67.

55 Object of Subdivision The object of this Subdivision is to empower an authorised officer to take action, on a temporary basis and only in limited circumstances, to remove a child from a place where the wellbeing of the child is at risk.

56 Application This Subdivision applies to a child if: (a) the child is found at a place other than the child's usual place of residence; and (b) the child is not under the direct supervision of: (i) a parent of the child; or (ii) a family member of the child; or (iii) an adult capable of adequately supervising the child; and (c) an authorised officer: (i) does not believe the child is in need of protection; but

Care and Protection of Children Act 2007 35 (ii) having regard to the circumstances in which the child is found – reasonably believes there is a risk to the wellbeing of the child if the child is not removed from the place.

57 Authorised officer may move child (1) The officer may apprehend the child. (1A) For the purpose of doing so, the officer may enter the place where the child is found. (1B) If the officer apprehends the child, the officer must: (a) return the child to the child's usual place of residence; or (b) if it is not practicable or appropriate to do so: (i) move the child to a safe place; and (ii) keep the child at the safe place; and (iii) make any arrangement for the care and protection of the child at the safe place. (2) The officer may use any reasonable force or assistance in acting under subsections (1) to (1B). (3) The child may be cared for at the safe place until the resumption of the care of the child by a person (a responsible person) who has daily care and control of the child. (4) The officer must, as soon as practicable after moving the child: (a) take all necessary steps to inform a responsible person about moving the child; and (b) if the officer is a police officer – inform the CEO about moving (5) The exercise of the officer's powers under subsections (1) to (1B) does not: (a) affect any power, right or responsibility of a responsible person in relation to the child; or (b) prevent the officer or any other person from holding, at a later time, the belief that the child is in need of protection.

Care and Protection of Children Act 2007 36 (6) In this section: safe place: (a) includes: (i) a place where the child may be temporarily kept for the child's safety (including a Part of a police station not normally used to detain a person); and (ii) a place specified by regulation; but (b) does not include a custodial correctional facility (as defined in section 11(1)(a) of the Correctional Services Act 2014), lockup or any other place that a person may be remanded in custody.

58 Application This Subdivision applies to a child if: (a) an authorised officer or police officer is exercising the officer's powers under section 35, 36 or 57 in relation to the child; or (b) the child is in the CEO's care.

59 Restraint (1) An authorised officer may restrain the child if the officer reasonably believes it is necessary to do so to prevent the child from: (2) The officer may do so by using any reasonable force or assistance.

60 Search (1) An authorised officer may search the child (including anything found on or with the child) if the officer reasonably believes it is necessary to do so to prevent the child from:

Care and Protection of Children Act 2007 37 (2) Without limiting subsection (1), the officer may search for any of the (a) a firearm as defined in section 3(1) of the Firearms Act 1997; (b) a controlled weapon, offensive weapon or prohibited weapon as defined in section 3 of the Weapons Control Act 2001; (c) a dangerous drug as defined in section 3(1) of the Misuse of Drugs Act 1990; (d) alcohol; (e) any other drug or substance capable of intoxicating a person. (3) If the officer reasonably believes it is necessary to do so in the circumstances, the officer may designate another person: (a) to conduct the search; or (b) to assist the officer in conducting the search. (4) The designated person must conduct the search or provide the assistance in accordance with any reasonable directions of the officer. (5) The officer or designated person conducting the search must be someone who is of the same gender as the child. (7) The officer or designated person may use any reasonable force or assistance in acting under this section. (8) However, this section does not authorise a search that involves the removal of the child's clothing or an examination of the child's body cavities.

61 Seizure (1) An authorised officer may seize anything found on or with the child if the officer reasonably believes it is necessary to do so to prevent the child from: (2) The officer may do so by using any reasonable force or assistance. (3) An authorised officer (other than a police officer) who seizes a thing mentioned in section 60(2)(a), (b) or (c) must, as soon as practicable after seizing the thing, deliver it to a police officer.

Care and Protection of Children Act 2007 38 (4) An authorised officer may, in accordance with the regulations, destroy or otherwise dispose of anything seized under this section to prevent the child from:

62 Recording and reporting An authorised officer must, as soon as practicable after exercising a power under this Subdivision : (a) record the exercise of the power; and (b) if the officer is a police officer – give the CEO a report about the exercise of the power.

63 Warrant for access to child (1) A Local Court Judge may, on the application of an authorised officer, grant a warrant under this section if the Local Court Judge is satisfied it is reasonably necessary: (a) for exercising a power under section 35 or 36 in relation to a child; or (b) for monitoring the wellbeing of a child for whom a placement arrangement is in force. (2) The warrant authorises an authorised officer to do either or both of reasonably necessary to find the child; (b) if the child is found at a place – stay at the place and have contact with the child for as long as the officer considers reasonably necessary for specified purposes (whether or not in the presence of someone else).

Care and Protection of Children Act 2007 39

64 Execution of warrant (1) In executing the warrant, an authorised officer: (a) may use any reasonable force or assistance; and (b) must produce the warrant (or a copy of it) if asked to do so by a person at the place where the warrant is executed. (2) Without limiting subsection (1)(a), the officer may be assisted by another authorised officer in executing the warrant. (3) The other authorised officer may use any reasonable force in providing the assistance.

65 Failure to comply with warrant (1) A person having the control of the place must comply with the warrant. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.

66 Object of Part The object of this Part is to safeguard the wellbeing of: (a) each child who is in the CEO's care; and (b) each young person who has left the CEO's care.

67 When child is in CEO's care (1) A child is in the CEO's care if: (a) the child is under a temporary placement arrangement or in provisional protection; or (b) the CEO otherwise has daily care and control of the child under an order of the Court (for example, a protection order) or a law of the Territory.

Care and Protection of Children Act 2007 40 (2) The child leaves the CEO's care when the child ceases to be in the CEO's care.

68 Young person who has left CEO's care A young person who has left the CEO's care is someone who: (a) has left the CEO's care; and (b) is between 15 and 25 years of age; and (c) was last in the CEO's care for a continuous period of at least 6 months; and (d) in the CEO's opinion, is unlikely to be in the CEO's care again in the future.

68A Charter of Rights (1) The CEO must prepare a Charter of Rights for children who are in the CEO’s care. (2) The CEO must promote compliance with the Charter of Rights. (3) The CEO must review the Charter of Rights from time to time and may amend it as the CEO considers appropriate. (4) The CEO must ensure that the Charter of Rights, as amended from time to time, is made available to the public in the manner the CEO considers appropriate. (5) The CEO must ensure that the Charter of Rights includes: (a) an explanation of the Charter of Rights and its effect; and (b) information about the Commissioner and other entities known to the CEO that may be able to help children who consider the Charter of Rights is not being complied with. (6) The CEO must give a copy of the Charter of Rights to each child who is in the CEO's care: (a) as soon as practicable after the child comes into the CEO's care; and (b) as soon as practicable after any amendment is made to the Charter of Rights.

Care and Protection of Children Act 2007 41 (7) However, the CEO need not give a copy of the Charter of Rights and explanatory statement to a child under subsection (6) if the CEO considers that it is not appropriate to do so having regard to the child's maturity and understanding.

69 Application This Division applies to a child who is in the CEO's care if: (a) a protection order for the child is in force; or (b) the CEO has daily care and control of the child under a court order prescribed by regulation.

70 CEO must prepare care plan (1) As soon as practicable after the child is taken into the CEO's care, the CEO must prepare and implement a care plan for the child. (2) The care plan is a plan that: (aa) is written in clear and plain language; and (a) identifies the needs of the child, including the cultural needs of (b) outlines actions that must be taken to address those needs; and (c) sets out decisions about daily care and control of the child, including, for example: (i) decisions about the placement arrangement for the child; and (ii) decisions about contact between the child and other persons; and (d) sets out what is required to reunify the child with the child's parents, unless the CEO determines that reunification is not in the best interests of the child. (3) If the child is 15 years of age or over, the care plan must: (a) identify the needs of the child in: (i) preparing to leave the CEO's care; and

Care and Protection of Children Act 2007 42 (ii) the child's transition to other living arrangements after leaving the CEO's care; and (iii) living independently; and (b) outline actions that must be taken to address those needs. (4) The actions mentioned in subsection (3)(b) may include the provision of assistance under section 85A or 85B. (5) In addition, the care plan for an Aboriginal child must include reasonable actions to: (a) maintain and develop the child's Aboriginal identity; and (b) encourage the child's connection to the Aboriginal culture, tradition, language and country of the child.

71 Modification of care plan (1) The CEO may modify the care plan at any time if the CEO considers it appropriate to do so. (2) Without limiting subsection (1), the CEO must modify the plan to include the matters mentioned in section 70(3)(a) and (b) if: (a) the plan does not already include those matters; and (b) one of the following applies: (i) the child is 15 years of age or over; (ii) the child is about to leave the CEO's care.

72 Child's wishes to be taken into account In preparing or modifying the plan, the CEO must have regard to the wishes of the child as the CEO considers reasonable and appropriate in the circumstances.

72A Participation in care plan In preparing or modifying a care plan for a child the CEO must: (a) encourage and facilitate the participation of any of the following the CEO considers appropriate (the participants): (ii) each parent of the child;

Care and Protection of Children Act 2007 43 (iii) an appropriate member of the child's family; (iv) if the child is an Aboriginal child – a person from the kinship group of the child or an Aboriginal community- controlled organisation nominated by the child or the child's family; (v) if the child is not an Aboriginal child – a person nominated by the child or the child's family who represents the cultural group to which the child belongs; and (b) in facilitating participation, take all reasonable steps to arrange for the provision of services (such as an interpreter) as the CEO considers necessary; and (c) ensure any information about the preparation or modification of the care plan is given to each participant in a timely way and in a language and manner the participant understands; and (d) have regard to the wishes of the participants as the CEO considers reasonable and appropriate in the circumstances.

73 Provision of care plan to interested parties (1) As soon as practicable after the CEO has prepared or modified the plan, the CEO must ensure a copy of it is given to the following persons: (a) the child; (c) the carer of the child; (d) any other person considered by the CEO to have a direct and (2) However, the CEO is not required to do so for a person if the CEO considers it inappropriate in the circumstances, having regard to: (a) the wishes of the child; and (b) any risk of harm to the child; and (c) any other matters the CEO considers relevant.

Care and Protection of Children Act 2007 44 (3) The CEO must take reasonable steps to provide assistance to a person given a care plan under subsection (1) to understand the contents of the care plan.

74 Review of care plan (1) The CEO must conduct regular reviews of the plan as follows: (a) the first review must be conducted within 2 months after the child is first taken into the CEO's care; (b) a review must be conducted again every 6 months afterwards. (2) In addition, the CEO must conduct a review of the plan immediately after any of the following: (a) the death of a parent of the child; (b) the death of the carer of the child; (c) a change of the placement arrangement for the child; (ca) the making of a significant medical diagnosis for the child; (d) an extension or variation of a court order mentioned in section 69(b) that relates to the child. (3) This section does not prevent a review of the plan at other times. (4) In conducting a review, the CEO must: (a) encourage and facilitate the participation of any of the following the CEO considers appropriate (the participants): (ii) each parent of the child; (iii) the carer of the child; (iv) an appropriate member of the child's family; (v) if the child is an Aboriginal child – a person from the kinship group of the child or an Aboriginal community- controlled organisation nominated by the child or the child's family; (vi) if the child is not an Aboriginal child – a person nominated by the child or the child's family who represents the cultural group to which the child belongs; and

Care and Protection of Children Act 2007 45 (b) in facilitating participation, take all reasonable steps to arrange for the provision of services (such as an interpreter) as the CEO considers necessary; and (c) ensure any information about the preparation or modification of the care plan is given to each participant in a timely way and in a language and manner the participant understands; and (d) have regard to the wishes of the participants as the CEO considers reasonable and appropriate in the circumstances. (5) The CEO must: (a) prepare a report of the review, and if the CEO considers it appropriate to do so – give a copy of the report to any of the participants; and (b) keep a record of the review and a copy of the report. (6) For this section, a review of a care plan includes a review of the operation and effectiveness of the plan.

75 Application This Division applies to a child if: (a) the child is in the CEO's care; but (b) Division 2 does not apply to the child.

76 CEO must prepare interim care plan (1) As soon as practicable after the child is taken into the CEO's care, the CEO must prepare and implement an interim care plan for the (2) The interim care plan is a plan that: (aa) is written in clear and plain language; and (a) identifies the immediate needs of the child, including the immediate cultural needs of the child; and (b) outlines actions that must be taken to address those needs; and

Care and Protection of Children Act 2007 46 (c) sets out decisions about daily care and control of the child, including, for example: (i) decisions about the placement arrangement for the child; and (ii) decisions about contact between the child and other persons. (3) In addition, the interim care plan for an Aboriginal child may include reasonable measures to: (a) maintain and develop the child's Aboriginal identity; and (b) encourage the child's connection to the Aboriginal culture, tradition, language and country of the child.

77 CEO must enter into placement arrangement (1) The CEO must enter into a placement arrangement with other persons or bodies for a child who is in the CEO's care. Note Section 12 sets out the principles that should be upheld in the placement of Aboriginal children. (2) The CEO may cancel the arrangement and replace it by another placement arrangement at any time.

78 Placement arrangement (1) A placement arrangement is: (a) an arrangement for placing a child who is in the CEO's care with any of the following persons (the carer): (i) a parent of the child; (ii) a family member of the child; (iii) an individual approved by the CEO; or (b) any other arrangement for placing the child that the CEO considers appropriate in the circumstances. (2) Without limiting subsection (1)(b), the arrangement can be one under which the child is not directly supervised by an adult.

Care and Protection of Children Act 2007 47 (3) The regulations may: (a) provide for the nomination and approval of an individual as a carer; and (b) provide for the responsibilities of a carer; and (c) specify the conditions for a placement arrangement, including, for example, the standards required of a facility for the arrangement.

79 Child to be informed Before placing a child under a placement arrangement, the CEO must give the child any information and explanation about the arrangement as the CEO considers appropriate in the

80 Carer to be informed (1) The CEO must give the carer of the child any information about the child as the CEO considers appropriate for: (a) the care of the child; and (b) the safety of the child and other persons. (2) However, the CEO must have regard to the child's wishes before giving the information. (3) The carer must not disclose the information otherwise than: (a) to a health practitioner for the care of the child; or (b) in other circumstances approved by the CEO.

81 Parents to be informed (1) The CEO must give the parents of the child any information about the arrangement as the CEO considers appropriate in the (2) The CEO must have regard to the following in giving the information: (a) the wishes of the child; (b) the safety of the child and other persons.

Care and Protection of Children Act 2007 48 (3) This section has effect subject to section 135 (which is about the CEO's obligation to give information to the parents under a protection order).

82 Payment to carer The CEO may make payments to the carer in accordance with the arrangement.

83 Property of child (1) The Court may, on the CEO's application: (a) order the Public Trustee to take control of the property of the (b) make any other orders to give effect to the order. (2) The CEO must: (a) give the child, the parents of the child and other persons specified by the Court: (i) a copy of each of the orders; and (ii) a written notice explaining the terms and effect of the orders; and (b) give the child any additional explanation of the effect of the orders if the CEO considers it appropriate to do so having

83A Power of authorised officers to monitor child in CEO's care (1) An authorised officer may monitor the wellbeing of a child who is in the CEO's care. (2) For the purpose of doing so, the authorised officer may do either or both of the following: (a) make inquires about the child under section 83B; (b) carry out an inspection under section 84. (3) The authorised officer may do so whether or not the officer has received information that raises concerns about the child's wellbeing.

Care and Protection of Children Act 2007 49

83B Inquiries (1) For the purpose of monitoring the wellbeing of the child, the authorised officer may request any of the following persons to give the officer specified information about the child or another person (for example, a family member of the child) that directly or indirectly relates to the wellbeing of the child: (a) a person whom the officer reasonably believes has the specified information; (b) the carer of the child; (c) a parent or another family member of the child; (d) a police officer; (e) a person employed or engaged by an Agency; (f) an operator of child-related services; (g) an approved provider of an education and care service (h) a health practitioner; (i) the person in charge of a hospital or any other facility for (j) the person in charge of a school or any other educational institution; (k) a service provider for a vulnerable child; (l) any other person prescribed by regulation. (a) the date and time by which the specified information must be given; and (b) that the information is needed for the purpose of monitoring (2) The person must comply with the request.

Care and Protection of Children Act 2007 50 subsection (2) if:

84 Inspection of place where child resides (1) An authorised officer may, at any reasonable time, enter the place where the child ordinarily resides in order to monitor the wellbeing of the child. (2) The authorised officer may make any reasonable request to a person having the control of the place for the purposes of: (a) inspecting the place; or (b) having contact with the child. Note A warrant may be granted for monitoring the wellbeing of the child, see section 63.

84A Power to investigate (1) This section applies if the CEO believes on reasonable grounds that a child who is in the CEO's care: (a) has suffered harm or exploitation while in the CEO's care; or

Care and Protection of Children Act 2007 51 (b) is suffering harm or exploitation; or (c) is likely to suffer harm or exploitation while in the CEO's care. (2) The CEO may initiate an investigation into the suspected or potential harm or exploitation.

84B Investigation – access to information (1) For an investigation about a child under section 84A, the CEO may request a person mentioned in section 83B(1)(d) to (l) to give the CEO access to specified information about the child. (a) the date and time by which access to the specified information must be given; and (b) that the information is needed for the purpose of an investigation under section 84A. (2) The CEO need not inform the child's carer of the request.

84C Report of investigation On completing an investigation, the CEO must: (a) consider whether any changes need to be made in relation to the care of the child; and (b) if the investigation disclosed that the child has suffered harm or exploitation while in the CEO's care – report that matter to the Commissioner as soon as practicable.

84D Protection of persons providing access or information A person acting in good faith in complying with a request under the Division is not civilly or criminally liable, or in breach of any professional code of conduct, for complying with the request.

Care and Protection of Children Act 2007 52

85 Authorised officer's power to apprehend child (1) If a child who is in the CEO's care is absent from the place where the child ordinarily resides, an authorised officer may apprehend the child in order to return the child to the place. (2) If the officer reasonably believes the child may be found at a place, the officer may do one or more of the following: (a) at any time, enter the place; (b) search the place in order to find the child; (c) stay at the place for as long as the officer considers reasonably necessary to find and apprehend the child. (3) If the officer apprehends the child, the officer must: (a) return the child to the place where the child ordinarily resides; or (b) if it is not practicable or appropriate to do so: (i) move the child to a safe place (as defined in section 57(6)); and (ii) keep the child at the safe place; and (iii) make any arrangement for the care and protection of the child at the safe place. (4) The officer may use any reasonable force or assistance in acting under this section.

85A Assistance for child or young person (1) This section applies in relation to: (a) a child who is in the CEO's care and who is 15 years of age or over; and (b) a young person who has left the CEO's care. (2) The CEO must ensure the child or young person is provided with any services, including child-related services, the CEO considers appropriate to help the child or young person transition from being a child in the CEO's care to being independent.

Care and Protection of Children Act 2007 53 (3) Without limiting subsection (2), the CEO may assist the child or young person to obtain any of the following: (a) information about available resources, services and entitlements; (b) accommodation; (c) education or training; (d) employment; (e) financial security; (f) legal services; (g) health services; (h) community services; (i) personal, family and relationship counselling; (j) access to information in the control or possession of the CEO about the child or young person while in the care of the CEO. (4) If a child who is in the CEO's care turns 18 years of age and becomes a young person who leaves the CEO's care while attending a course of education or training, the CEO must provide the necessary assistance (including financial assistance) to maintain the young person's living arrangements until the young person has completed the course. (5) In addition, the CEO may give financial assistance to the child or young person for any of the following purposes: (a) the child or young person's education or training; (b) obtaining and furnishing the child or young person's accommodation; (c) living in close proximity to the place where the child or young person is or will be: (i) undertaking education or training; or (ii) employed or seeking employment. (6) The financial assistance must be given on terms and conditions the CEO considers appropriate in the circumstances.

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85B Assistance with living and support arrangements until age of 22 (1) This section applies in relation to a young person who has left the CEO's care if the young person was in the CEO's care immediately before turning 18 years of age. (2) The young person is entitled to receive assistance (including financial assistance) under this section from the CEO to maintain appropriate living and support arrangements until the young person turns 22 years of age. (3) The CEO must provide the assistance mentioned in subsection (2) if: (a) the CEO is satisfied on reasonable grounds that the assistance: (i) is for an appropriate purpose; and (ii) is reasonably necessary considering the young person's circumstances; and (iii) will enhance the young person's ability to be self- sufficient and independent by the age of 22; and (b) the young person consents to the assistance. (4) Financial assistance given under this section must be given on the terms and conditions the CEO considers appropriate in the (5) The CEO must ensure a young person entitled to assistance under this section is notified of the entitlement, and how to request assistance: (a) when the young person turns 18 years of age; and (b) as the CEO considers appropriate, until the young person turns 22 years of age. (6) This section does not limit the provision of assistance under section 85A.

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86 Access to personal items (1) A person who has left the CEO's care is entitled, free of any charges, to the possession of any of the person's personal items held by: (a) the Department; or (b) anyone who was a carer of the person; or (c) a party to a placement arrangement for the person. (6) In this section: personal items, of a person, includes the following: (a) the person's birth certificate; (b) school reports or other reports relating to the person's education or training; (c) photographs belonging to the person; (d) anything else prescribed by regulation.

87 Object of Part (1) The object of this Part is to create an appropriate judicial process for safeguarding the wellbeing of children, particularly children who are or might be in need of protection. (2) The object is to be achieved by: (a) providing for a family matters division within the Court to hear and determine matters under this Act (see Division 2); and (b) providing for: (i) the Court's power to make various orders for children (see Division 4); and (ii) procedural matters (see Divisions 3 and 5 to 7).

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88 Definitions Court order means an order made by the Court under this Act. Court proceedings means proceedings in the Court under this Act.

89 Family matters division of Court (1) There is to be a division of the Court to deal with proceedings under this Act. (2) For dealing with proceedings under this Act, the Court must be constituted by a Local Court Judge.

90 Paramount consideration (1) In Court proceedings, the Court must regard the best interests of the child to whom the proceedings relate as paramount. (2) Without limiting subsection (1), the Court must give priority to the child if the rights of the child conflict with the rights of an adult.

91 Jurisdiction not affected by other proceedings (1) Court proceedings are not affected by any criminal proceedings against: (a) the child to whom the Court proceedings relate; or (b) any other party to the Court proceedings. (2) Subsection (1) has effect whether or not the criminal proceedings arose out of the same facts as the Court proceedings.

92 Sittings of Court (1) The Court may hold several sittings at the same time. (2) The Court must: (a) ensure Court proceedings are separate from other proceedings of the Local Court or proceedings of another court; and (b) conduct Court proceedings at a place approved by the Minister administering the Local Court Act 2015 (the relevant Minister).

Care and Protection of Children Act 2007 57 (3) The relevant Minister must ensure the approved place: (a) provides adequate and appropriate facilities for Court (b) is separated from places in which other proceedings of the Local Court or proceedings of another court are being conducted.

93 Nature of proceedings (1) Court proceedings must be conducted with as little formality and legal technicality as the circumstances permit. (2) Subject to any directions of the Court, the Court is not bound by the rules of evidence.

94 Parties to proceedings (1) The following are parties to the proceedings: (a) the child to whom the proceedings relate; (c) the CEO; (d) each person proposed to be given daily care and control of, or parental responsibility for, the child under a Court order; (e) any other person considered by the Court to have a direct and (2) This section has effect subject to section 125 (which is about the parties to proceedings for a protection order).

95 Standard of proof If the Court is required to be satisfied of a matter in the proceedings, the matter must be established on the balance of probabilities.

96 Expedition (1) The proceedings must be conducted as expeditiously as possible to minimise their effect on the child.

Care and Protection of Children Act 2007 58 (2) For subsection (1), the Court: (a) may set a timetable for each matter to which the proceedings relate, having regard to the age and developmental needs of (b) may give such directions the Court considers appropriate to ensure the timetable is kept.

97 Restrictions on publication A person is guilty of an offence if the person: (a) publishes a report of: (i) any of the proceedings; or (ii) the results of any of the proceedings; and (b) is not authorised to do so by the Court or a law in force in the Territory.

98 Understanding proceedings (1) The Court must, as far as practicable, ensure each party to the proceedings understands the nature and purposes of the (2) For subsection (1), the Court may direct that the services of a person (such as an interpreter) be provided to a party to the

99 Restrictions on attendance Except as otherwise directed by the Court, a person must not attend any of the proceedings if: (a) the person is not a party to the proceedings; or (b) the Court has ordered the person not to attend the

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100 Appearance of parents (1) Except as otherwise directed by the Court, the parents of the child must attend the proceedings. (2) The Court may order the parents to attend the proceedings. (3) This section has effect subject to sections 105 and 126 (which relate to the making of a temporary protection order or protection order in the absence of the parents).

101 Right of representation (1) A party to the proceedings may be represented by a legal practitioner or any other person. Note for subsection (1) See also Division 6B. (2) The Court may adjourn the proceedings until a party has a reasonable opportunity to obtain the representation.

102 Hearing of applications together (1) The Court may hear 2 or more applications together if: (a) a party to any of the applications asks the Court to do so; and (b) the Court considers it in the interests of justice to do so. (2) The Court may do so even if the applications have different parties.

103 Applying for temporary protection order (1) The CEO may apply to the Court for a temporary protection order for a child if: (a) the CEO reasonably believes: (ii) the proposed order is urgently needed to safeguard the wellbeing of the child; and (b) no protection order is in force for the child.

Care and Protection of Children Act 2007 60 (2) The CEO may make the application: (a) whether or not an assessment order is in force for the child; and (aa) whether or not a permanent care order is in force for the child; and (b) whether or not the child is in provisional protection.

104 How application is made (1) The application may be made to the Court in any way the Court considers reasonable in the circumstances (including, for example, telephone, fax or other electronic means). (2) The CEO must specify in the application: (a) why the CEO considers the proposed order is necessary; and (b) the proposed arrangement for the care and protection of the (3) Any information in support of the application must be in the form of a statement made on oath. (4) However, if the application is made by telephone, fax or other electronic means: (a) the Court may allow the application to be made before the statement is made on oath; but (b) the CEO must send the duly made statement to the Court not later than the day after the day of the application. (5) For subsection (4), the Court may give any directions about the application as the Court considers appropriate in the

104A Notice of application (1) The CEO must take the steps the CEO considers reasonable in the circumstances to give each parent of the child notice of the application, as soon as practicable after applying for the order but before the application is heard by the Court: (a) stating when and where the application is to be heard (if known); and (b) stating that the application may be heard and decided in the absence of the parents.

Care and Protection of Children Act 2007 61 (2) In addition, the CEO may give a copy of the application with the notice if it is practicable to do so.

105 Making of order (1) The Court must, immediately after the application is made: (a) make the temporary protection order if the Court is satisfied there are reasonable grounds for believing: (ii) the proposed order is urgently needed to safeguard the wellbeing of the child; or (b) dismiss the application if the Court is not so satisfied. (2) As soon as practicable after making the decision, the Court must give the CEO a copy of: (a) the order if the Court decides to make the order; or (b) otherwise – a statement of the reasons for not making the (3) Without limiting subsection (2), the Court may give the copy by sending it to the CEO by fax or other electronic means. (4) The Court must keep a record of: (a) the application (whether or not a written application is given to the Court); and (b) any information given to the Court for the application; and (c) the decision on the application; and (d) the reasons for the decision. (5) To avoid doubt, the Court may decide the application in the absence of the parents of the child.

106 Notice of order (1) As soon as practicable after the order is made, the CEO must: (a) give a copy of the order to: (i) if a permanent care order for the child is in force – the person to whom parental responsibility for the child has been given; or

Care and Protection of Children Act 2007 62 (ii) otherwise – each parent of the child; and (b) inform the child about the order; and (c) explain the duration and effect of the order to the child in a language and manner the child understands. (2) The CEO must give the copy to a parent of the child or the person to whom parental responsibility for the child has been given: (a) by personally serving the copy on the parent or other person; or (b) if the CEO considers it impracticable to do so – by: (i) leaving it at the last known address of the parent or other (ii) sending it by post to that address. (2A) If the copy is personally served on the parent or other person, the CEO must explain the duration and effect of the order to the parent or other person: (a) in the preferred language of the person; or (b) if it is not reasonably practicable to do so in the preferred language of the person – in a language and manner the person understands. (2B) If the parent was not given a copy of the application under section 104A(2), the CEO must give the parent a copy of the application with the copy of the order under subsection (1). (3) In addition, the CEO may give a copy of the order to the child if the CEO considers it appropriate to do so having regard to the child's

107 Effect of order The order: (a) gives daily care and control of the child to the CEO while the order is in force; and (b) except as provided by section 109(2) and (3) – is in force for 14 days from the time it is made.

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108 Authorised officer's powers (1) To give effect to the order, an authorised officer may do one or more of the following: reasonably necessary to find and apprehend the child; (d) apprehend the child; (e) remove the child from the place where the child is found; (f) arrange for a medical examination of the child; (g) arrange for the provision of other medical services for the (h) make other arrangements for the care and protection of the (2) However, the child may refuse to submit to any of the examination mentioned in subsection (1)(f) if the child is of sufficient maturity and understanding to make the decision. (3) The officer may use any reasonable force or assistance in acting under subsection (1). (4) The officer must give a report to the CEO about any action taken by the officer under subsection (1) as soon as practicable after taking the action.

109 What happens when order ceases to be in force (1) Subject to any other provision of this Act, when the order ceases to be in force the CEO must return the child to: to whom parental responsibility for the child has been given; or (b) otherwise – a parent of the child.

Care and Protection of Children Act 2007 64 (2) The CEO may return the child to a parent of the child or the other person mentioned in subsection (1)(a) before the order ceases to be in force: (a) under an agreement arising from a mediation conference under section 49; or (b) if the CEO considers it appropriate to do so in the (3) If the CEO returns the child under subsection (2): (a) the CEO must notify the Court about returning the child; and (b) the order ceases to be in force when the Court is so notified.

110 Other action for child while order in force (1) This Subdivision does not prevent any of the following from happening while the temporary protection order is in force: (a) an inquiry or investigation under Part 2.1 in relation to the (b) an application for an assessment order for the child; (c) an assessment order being in force for the child; (d) an application for another temporary protection order for the (e) an application for a protection order for the child. (2) However, the CEO must not apply for another temporary protection order for the child while an existing temporary protection order (the existing order) for the child is in force if: (a) the existing order was made when a previous temporary protection order (the previous order) was in force; and (b) the existing order took effect immediately after the previous order ceased to be in force; and (c) the CEO did not return the child to a parent of the child or the other person mentioned in section 109(1)(a) before or when the existing order took effect.

Care and Protection of Children Act 2007 65 (3) Subsection (2) does not prevent an application for a temporary protection order for the child after: (a) a temporary protection order for the child has ceased to be in force; and (b) the CEO has returned the child to a parent of the child or the other person mentioned in section 109(1)(a).

111 Applying for assessment order (1) The CEO may apply to the Court for an assessment order for a child to authorise the carrying out of an assessment if: (a) a protection order is not in force for the child; and (b) the CEO reasonably believes the proposed assessment is necessary for determining whether the child is in need of protection; and (c) the proposed assessment cannot be carried out without the (2) For subsection (1), an assessment includes: (a) any assessment of the child for determining whether the child is in need of protection; and (b) any assessment of a parent of the child for determining whether the parent is capable of exercising parental responsibility for the child. (3) Without limiting subsection (2), an assessment may involve: (a) a medical or psychological examination of the child or a parent of the child; and (b) the taking and examination of samples from the child or a parent of the child. (4) The CEO may make the application: (a) whether or not the child is in the CEO's care; and (b) whether or not the CEO has applied for a temporary protection order or protection order for the child.

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112 How application is made The CEO must specify in the application: (a) why the CEO considers the proposed assessment is necessary; and (b) details of the proposed assessment; and (c) any of the following directions that the CEO seeks from the Court: (i) a direction restricting a specified person's contact with the child while the assessment order is in force; (ii) a direction requiring a child-related authority to give the CEO specified information about the child.

113 When Court may hear application The Court must not hear the application unless the Court is satisfied: (a) the CEO is entitled to make the application under section 111; and (b) either: (i) the CEO has taken reasonable steps to obtain the consent of at least one of the parents of the child for the proposed assessment; or (ii) it is not practicable for the CEO to do so.

114 Court to consider certain matters In deciding the application, the Court must consider: (a) whether the proposed assessment is necessary; and (b) whether the assessment is likely to provide information needed to determine whether the child is in need of protection; and (c) whether any distress caused by the assessment to the child will be outweighed by the value of the information to be obtained from the assessment; and (d) any distress caused to the child by a previous assessment of the same or a similar nature; and

Care and Protection of Children Act 2007 67 (e) any other matters the Court considers relevant.

115 Order of Court The Court may: (a) make an assessment order authorising the carrying out of the proposed assessment or any other specified assessment for determining whether the child is in need of protection; or (b) make an assessment order covered by paragraph (a) that includes one or more of the following directions (whether or not they were sought by the CEO): (i) a direction restricting a specified person's contact with the child while the order is in force; (ii) a direction requiring a child-related authority to give the CEO specified information about the child; or (c) dismiss the application.

116 Notice of order (1) As soon as practicable after the order is made, the CEO must give each party to the proceedings (except the child): (ii) stating the party may appeal against the order under (2) The CEO may give the copy and notice: (3) The CEO: (a) must explain the effect of the order and notice to the child; and

Care and Protection of Children Act 2007 68 (b) may give a copy of the order and notice to the child if the CEO considers it appropriate to do so having regard to the child's

117 Effect of order (1) The order has effect for 28 days. (2) On the CEO's application, the Court may extend the order for a further period that does not exceed 28 days. (3) However, the order cannot be extended again. (4) The order authorises: (a) the making of an assessment specified in the order; and (b) if the order includes a direction mentioned in section 115(b) – the actions specified in the direction; and (c) the giving of information obtained from the assessment to the CEO and other specified persons. (5) Despite any law of the Territory, a person acting in good faith in giving information under the order is not civilly or criminally liable, or in breach of any professional code of conduct, for giving the information.

118 Refusal to submit to assessment (1) The child may refuse to submit to any assessment that relates to the child if the child is of sufficient maturity and understanding to make the decision. (2) A parent of the child may refuse to submit to any assessment that relates to the parent.

119 What happens after assessment (1) The CEO must give the Court the result of the assessment in a report in the approved form. (2) Without limiting subsection (1), the report must state whether or not the CEO believes the child is in need of protection on the basis of the result.

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120 CEO may take other action This Subdivision does not prevent the CEO from doing any of the following while the assessment order is in force: (a) taking another action under this Part for the child; (b) taking an action under Part 2.1 for the child.

121 Applying for protection order (1) The CEO may apply to the Court for a protection order for a child if the CEO reasonably believes: (i) is in need of protection; or (ii) would be in need of protection but for the fact that the child is currently in the CEO's care; and (b) the proposed order is: (i) appropriate; and (ii) the least intrusive means to safeguard the wellbeing of (2) The CEO may make the application: (a) whether or not the child is in the CEO's care; and (b) whether or not an application for a temporary protection order or assessment order for the child has been made; and (c) whether or not a temporary protection order or assessment order for the child is in force. Note The provisions about a protection order in this Part are Part of a system for the transfer of such orders and related proceedings between jurisdictions, see Part 2.4.

122 Applications (1) The CEO must specify in the application: (a) the proposed order; and

Care and Protection of Children Act 2007 70 (b) when the order is proposed to have effect; and (c) why the CEO considers the order is necessary; and (d) the proposed arrangement for the care and protection of the (2) A care plan, interim care plan or, if the child is not in the CEO's care, a proposed care plan for the child must be provided with the application unless it is not reasonably practicable to do so. (3) If a care plan, interim care plan or proposed care plan is not provided with the application the Court may set a date by which the plan is to be provided to the Court, which must not be more than 21 days after the application is made.

123 Directions in protection order (1) The proposed order must specify one or more of the following directions: (a) a direction (a supervision direction) requiring one or more of (i) that a person must do, or refrain from doing, a specified thing directly related to the protection of the child; (ii) that the CEO must supervise the protection of the child in relation to specified matters; (iii) that the CEO must do, or refrain from doing, a specified thing related to the care of the child; (b) a direction (a daily care and control direction) giving daily care and control of the child to a specified person; (c) a direction (a short-term parental responsibility direction) giving parental responsibility for the child to a specified person for a specified period not exceeding 2 years; (d) a direction (a long-term parental responsibility direction) giving parental responsibility for the child to a specified person for a specified period that: (i) exceeds 2 years; and (ii) ends before the child turns 18 years of age.

Care and Protection of Children Act 2007 71 (2) Without limiting subsection (1)(a)(i), a supervision direction may: (a) require a person not to have any direct or indirect contact with the child; or (b) require a person not to have any direct or indirect contact with the child except when a specified person or a person belonging to a specified group is present.

124 Notice of application (1) As soon as practicable after applying for the order, the CEO must give to each parent of the child: (a) a copy of the application; and (i) stating when and where the application is to be heard; and (ii) providing a list of contact details for local legal service providers; and (iii) stating that the application may be heard and decided in the absence of the parent. (2) The CEO must give a copy of the application and written notice by personally serving them on each parent. (3) If the Court is satisfied that it is impracticable to personally serve the documents mentioned in subsection (1), the Court may order that the documents be served in another manner. (4) In deciding whether to make an order under subsection (3) the Court must have regard to the following: (a) whether attempts have been made to effect personal service and why the attempts were unsuccessful; (b) the reasons why personal service is considered impracticable; (c) the nature of service proposed; (d) the reasons why the proposed method of service is likely to be successful; (e) whether the proposed method of service is appropriate in the

Care and Protection of Children Act 2007 72 (5) If the documents mentioned in subsection (1) are personally served, the CEO must explain the duration and effect of the order to the parent or other person: (a) in the preferred language of the person; or (b) if it is not reasonably practicable to do so in the preferred language of the person – in a language and manner the person understands. (6) The CEO: (a) must explain the effect of the application and written notice to (b) may give a copy of the application and written notice to the child if the CEO considers it is appropriate to do so having

125 Parties to proceedings (1) The parents of the child are the respondents in the proceedings for the application. (2) The other parties to the proceedings are: (b) the CEO; and (c) a person proposed to be given daily care and control of, or parental responsibility for, the child under the order; and (d) any other person who: (i) has applied to the Court to be a party to the (ii) is considered by the Court to have a direct and

126 Hearing in absence of parents (1) The Court may hear the application in the absence of a parent of the child if: (a) the Court is satisfied the CEO has given the parent a notice that complies with section 124(1); or

Care and Protection of Children Act 2007 73 (b) the CEO has not given the parent a notice that complies with section 124(1) but the Court is satisfied the application should be heard in the absence of the parent despite the non-compliance. (2) However, this section does not limit the Court's power to exclude the parent or anyone else from Court proceedings.

127 Court-ordered mediation conference (1) Before deciding the application, the Court may order a mediation conference to be convened for the purposes specified by the Court. (2) Without limiting subsection (1), the conference may be convened for one or more of the following purposes: (a) establishing the circumstances giving rise to the application; (b) reviewing an arrangement that has been made for the care of the child; (c) making recommendations about the arrangement for the care of the child; (d) arriving at an agreement on the best means of safeguarding (3) The Court: (a) must appoint someone (the convenor) who has the qualifications or experience prescribed by regulation to convene the conference; and (b) may direct that: (i) the conference be convened at a specified time and place; and (ii) specified persons (including parties to the proceedings and any other persons) are to attend the conference. (4) A person required to attend the conference may be represented by someone appointed by the person. (5) The regulations may make any provision for the conference, including the following: (a) any procedural and reporting requirements for the conference; (b) the appointment of a person to represent the interests of the child in the conference;

Care and Protection of Children Act 2007 74 (c) the making of any agreement arising from the conference; (d) the powers and functions of the convenor.

128 Order of Court (a) make a protection order for the child: (i) as proposed by the CEO; or (ii) specifying other directions mentioned in section 123 as the Court considers appropriate; or (1A) If the Court proposes to specify other directions under subsection (1)(a)(ii), the Court must hear submissions from the parties in relation to those directions. (2) The Court may make any order for an agreement arising from a mediation conference for the child.

129 When Court must make order The Court must make the protection order if the Court is satisfied: (i) is in need of protection; or (ii) would be in need of protection but for the fact that the child is currently in the CEO's care, and (b) the proposed order is: (i) appropriate; and (ii) the least intrusive means to safeguard the wellbeing of

130 Court to consider certain matters (1) In making the decision, the Court must consider: (a) any matters arising from a mediation conference for the child; and

Care and Protection of Children Act 2007 75 (b) the wishes of the following: (ii) a parent of the child; (iii) a person proposed to be given daily care and control of, or parental responsibility for, the child under the order; (iv) any other person considered by the Court to have a (c) if the CEO proposes that daily care and control of, or parental responsibility for, the child be given to a person (including, for example, the CEO): (i) any report or recommendation given to the Court by the CEO about the proposal; and (ii) whether there is another person who is better suited to be given daily care and control of, or parental responsibility for, the child; and (iii) the needs of the child for long-term stability and security; and (ca) the steps taken by the Territory: (i) to provide the services necessary to address any likely risks of harm to the child; and (ii) to ensure the services were provided in accordance with section 42(4); and (d) any other matters the Court considers relevant. (2) Without limiting subsection (1)(c), the Court must not give a person who is not a parent or family member of the child or a member of the kinship group to which the child belongs parental responsibility for the child under a long-term parental responsibility direction unless the Court is satisfied: (a) giving the responsibility to the person is the best means of safeguarding the child's wellbeing; and (b) there is no one else who is better suited to be given the responsibility.

Care and Protection of Children Act 2007 76 (3) The Court must not make a protection order unless a care plan, interim care plan or proposed care plan has been provided to the Court.

131 Extraterritoriality To avoid doubt, the Court may make a protection order for the child even if the circumstances causing the child to be in need of protection occurred: (a) outside the Territory or Australia; or (b) partly in the Territory and partly outside the Territory or Australia.

132 Duration of order (1) The order has effect as specified by the Court unless the Court extends, varies or revokes the order under section 136 or 137. (2) In any case, the order must cease to have effect when the child turns 18 years of age.

133 Notice of order (1) As soon as practicable after the order is made, the CEO must give each party to the proceedings (except the child): (ii) stating the party may appeal against the order under (2) The CEO may give the copy and notice:

Care and Protection of Children Act 2007 77 (3) The CEO: (a) must explain the effect of the order and notice to the child; and (b) may give a copy of the order and notice to the child if the CEO considers it appropriate to do so having regard to the child's

134 Obligations to supervise protection of child (1) If the order includes a supervision direction requiring the CEO to supervise the protection of the child in relation to specified matters, the CEO must, while the order is in force, maintain reasonable contact with: (b) the parents of the child; and (c) any other person who is residing with the child. (2) For subsection (1): (a) the parents of the child or any other person who has daily care and control of the child must: (i) keep the CEO informed about where the child is residing; and (ii) allow an authorised officer to have reasonable contact with the child; and (b) an authorised officer may, at any reasonable time, enter a place where the child is located to have contact with the child; and (c) an authorised officer may, at any reasonable time, enter the place where the child ordinarily resides to inquire about the specified matters; and (d) the CEO may, by written notice, require a parent of the child or a person residing with the child to do or refrain from doing a specified thing for the supervision direction. (3) The notice must state the reasons for the requirement. (4) An authorised officer may use any reasonable force or assistance in acting under this section.

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135 Obligations of CEO for order (1) If the protection order gives daily care and control of, or parental responsibility for, the child to the CEO, the CEO: (a) must give the parents of the child information about: (i) where the child is residing; and (ii) any arrangement that has been made for the care of the (b) must provide opportunity for the child to have contact with the parents and other family members of the child as often as is reasonable and appropriate in the circumstances. (2) Subsection (1) has effect subject to any contrary direction of the Court.

136 Extension of order (1) The CEO may, before the order ceases to be in force, apply to the Court for the order to be extended for a further specified period. (2) The order may be extended more than once. (3) This Subdivision applies to an application for an extension of the order in the same way as it applies to the application for the order. (4) However, in considering the application, the Court may take into (a) any contravention of the order by a person; and (b) any contravention of this Act in relation to the child by a

137 Variation and revocation of order (1) Before the order ceases to be in force, a party to the proceedings for the making of the order may apply to the Court for the order to be: (a) varied; or (b) revoked; or (c) revoked and replaced by a new protection order.

Care and Protection of Children Act 2007 79 (2) However, a parent of the child must not: (a) apply for the order to be replaced if the proposed new order will give parental responsibility for the child to a different (b) without the leave of the Court – apply for the order to be varied or revoked if a similar application has been decided by the Court. (3) The Court may only grant the leave if the Court is satisfied the parent has new evidence to present to the Court. (4) An application under subsection (1) must be made as if it were an application for a protection order. (5) This Subdivision applies to the application with the following changes: (a) as soon as practicable after making the application, the applicant must give a copy of the application to the CEO and each parent of the child (except a parent who is the applicant); (b) section 124(1) to (5) do not apply to the CEO, but the CEO must comply with section 124(6) as soon as practicable after receiving the copy of the application; (c) in considering the application, the Court may take into (i) any contravention of the order by a person; or (ii) any contravention of this Act in relation to the child by a (6) The Court may revoke the order only if the Court is satisfied the order is no longer necessary.

137A Permanent care order (1) A permanent care order is an order made by the Court in relation to a child, for the period that ends when the child turns 18 years of age, that orders that a person have the parental responsibility for (2) Only the CEO may apply for a permanent care order.

Care and Protection of Children Act 2007 80 (3) The CEO may apply to the Court for a permanent care order for a child if the CEO reasonably believes: (a) the child would be in need of protection but for the fact that, at the time the application is made, a protection order with a long-term parental responsibility direction giving parental responsibility for the child to the CEO or another specified person (or both) is in force for the child for a period that ends immediately before the child turns 18 years of age; and (b) the proposed order is the best means to safeguard the wellbeing of the child; and (c) the person proposed to be given the parental responsibility for the child has demonstrated the person's suitability to be given that responsibility.

137B Applications (1) The application must include the following: (a) the proposed order; (b) when the order is proposed to have effect; (c) why the CEO considers the order is necessary; (d) a statement that the person proposed to be given the parental responsibility for the child consents to the making of the order; (e) if the CEO considers it appropriate to do so – a request that the permanent care order include a direction authorising the child to travel outside Australia without the consent of the child's parent. (2) A care plan for the child must be provided with the application unless it is not reasonably practicable to do so. (3) If a care plan is not provided with the application the Court may set a date by which the plan is to be provided to the Court, which must not be more than 21 days after the application is made.

137C Notice of application (1) As soon as practicable after applying for the order, the CEO must give to each parent of the child and the person proposed to be given the parental responsibility for the child under the order: (a) a copy of the application; and

Care and Protection of Children Act 2007 81 (i) stating when and where the application is to be heard; and (ii) providing a list of contact details for local legal service providers; and (iii) stating that the application may be heard and decided in the absence of the parent or person. (2) The CEO must give a copy of the application and written notice by personally serving them on each parent and the person proposed to be given the parental responsibility for the child under the order. (3) If the Court is satisfied that it is impracticable to personally serve the documents mentioned in subsection (1), the Court may order that the documents be served in another manner. (4) In deciding whether to make an order under subsection (3) the Court must have regard to the following: (a) whether attempts have been made to effect personal service and why the attempts were unsuccessful; (b) the reasons why personal service is considered impracticable; (c) the nature of service proposed; (d) the reasons why the proposed method of service is likely to be successful; (e) whether the proposed method of service is appropriate in the (5) The CEO: (a) must explain the effect of the application and written notice to (b) may give a copy of the application and written notice to the child if the CEO considers it is appropriate to do so having

137D Parties to proceedings (1) The parents of the child are the respondents in the proceedings for the application.

Care and Protection of Children Act 2007 82 (2) The other parties to the proceedings are: (b) the CEO; and (c) the person proposed to be given parental responsibility for the

137E Hearing in absence of parents (1) The Court may hear the application in the absence of a parent of the child if: (a) the Court is satisfied that the CEO has given the parent a notice that complies with section 137C(1)(b); or (b) the CEO has not given the parent a notice that complies with section 137C(1)(b) but the Court is satisfied the application should be heard in the absence of the parent despite the non-compliance. (2) However, subsection (1) does not limit the Court's power to exclude the parent or anyone else from Court proceedings.

137F Order of Court (a) make a permanent care order for the child as proposed by the CEO; or (2) If the Court makes a permanent care order, any protection order in force for the child is revoked. (3) When making a permanent care order for a child, the Court: (a) may, if the application for the order requested a direction authorising the child to travel outside Australia without the consent of a parent of the child, make that direction; and (b) must not make any other direction.

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137G Making permanent care orders The Court must make the permanent care order if the Court is satisfied: (a) the child would be in need of protection but for the fact that the child is, at the time the order is made in the care of the CEO or another person; and (b) the order is the best means to safeguard the wellbeing of the (c) the person proposed to be given the parental responsibility for the child under the order has demonstrated the person's suitability to have that responsibility.

137H Court to consider certain matters In making the decision whether or not to make the permanent care order, the Court must consider: (a) the wishes of the following: (ii) a parent of the child; (iii) the person proposed to be given parental responsibility for the child under the order; (iv) any other person considered by the Court to have a (b) any other matters the Court considers relevant.

137J Extraterritoriality To avoid doubt, the Court may make a permanent care order for the child even if the circumstances causing the child to be in need of protection occurred: (a) outside the Territory or Australia; or (b) partly in the Territory or Australia and partly outside the Territory or Australia.

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137K Duration of order A permanent care order is in force from when it is made until the child turns 18 years of age unless the Court earlier revokes the order under section 137M.

137L Notice of order (1) As soon as practicable after a permanent care order is made, the CEO must give each party to the proceedings (except the child): (ii) stating that the party may appeal against the order under (2) The CEO may give the copy and notice to a party: (3) The CEO may give a copy of the order and notice to the child if the CEO considers it appropriate to do so having regard to the child's

137M Revocation of order (1) Before the permanent care order expires, the CEO may apply to the Court for the order to be: (a) revoked; or (b) revoked and replaced by a protection order. (2) This Subdivision applies to the application with the following changes: (a) as soon as practicable after making the application, the CEO must give a copy of the application to each party to the proceedings for the making of the permanent care order;

Care and Protection of Children Act 2007 85 (b) in considering the application, the Court may take into (i) any contravention of the order by a person; or (ii) any contravention of this Act in relation to the child by a (3) The Court may revoke the order only if the Court is satisfied that to revoke the order is the best means to safeguard the wellbeing of (4) If the Court revokes the permanent care order, the Court may: (a) simply revoke the order; or (b) revoke the order and make a protection order, including any directions the Court considers appropriate.

138 Court may adjourn proceeding (1) The Court may adjourn proceedings for an application for an assessment order, a protection order or a permanent care order (including an application under section 136 or 137). (2) The Court must: (a) to the greatest extent possible, avoid granting adjournments; and (b) may grant adjournments only if the Court considers: (i) doing so is in the best interests of the child to whom the proceedings relate; or (ii) there are other strong reasons for doing so. (3) In deciding the period of adjournment, the Court must have regard to the principle that it is in the best interests of the child for the application to be decided as soon as possible. (4) The Court: (a) must state its reasons for the adjournment; and (b) may give directions to the parties to the proceedings about what they must do or refrain from doing during the adjournment.

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139 Order on adjournment (1) On granting the adjournment, the Court may make one or more of the following orders: (a) an order giving daily care and control of the child: (i) to the CEO if the proceedings relate to an assessment order; or (ii) to the CEO or a family member of the child if the proceedings relate to a protection order; (b) an order that a report be prepared and filed in the Court about the following persons: (ii) the child's family; (iii) if the proceedings relate to an application for a permanent care order – the person proposed to be given parental responsibility for the child under the order; (c) an order authorising a medical examination of the child and the filing of a report of the examination in the Court; (d) an order restricting the contact between the child and specified persons; (e) an order that a mediation conference be convened for the (2) Each of the orders has effect during the adjournment. (3) The Court may, without limiting what may be addressed by a report prepared for subsection (1), specify matters that must be addressed by the report. (4) The child may refuse to submit to any of the examination mentioned in subsection (1)(c) if the child is of sufficient maturity and understanding to make the decision. (5) Without limiting subsection (1)(d), an order mentioned in that subsection may: (a) direct a person not to have any direct or indirect contact with the child; or

Care and Protection of Children Act 2007 87 (b) direct a person not to have any direct or indirect contact with the child except when a specified person or a person belonging to a specified group is present; or (c) require the CEO to supervise any contact between the child and a specified person. (6) The Court must not require the CEO to supervise any contact between the child and a specified person unless the Court has heard submissions from the parties in relation to the requirement. (7) Section 127 (which is about mediation conference) applies for subsection (1)(e) in relation to proceedings for an assessment order with any necessary changes.

140 Appeal to Supreme Court (1) A party to any Court proceedings may appeal to the Supreme Court against any order or decision of the Court (the original decision), other than a temporary protection order. (2) The appellant must do so by filing a notice of appeal with the Registrar of the Supreme Court within 28 days after the original decision is made. (3) The notice must specify: (a) the grounds for the appeal; and (b) the facts on which the appeal is based. (4) The appellant must serve a copy of the notice on each of the other parties to the proceedings.

141 Stay of decision (1) The Supreme Court may stay the original decision to secure the effectiveness of the appeal. (2) A stay: (a) may be given on any conditions specified by the Supreme Court; and (b) operates for the period specified by the Supreme Court; and (c) may be revoked or amended by the Supreme Court.

Care and Protection of Children Act 2007 88 (3) However, the period of the stay must not extend beyond the time when the Supreme Court decides the appeal.

142 Hearing appeal (1) An appeal against an assessment order: (b) is not limited by the evidence before the Court when the order was made. (2) Except as the Supreme Court otherwise directs, an appeal against any other order or decision must be decided on the evidence before the Court when the order or decision was made.

143 Power of Supreme Court The Supreme Court may: (a) confirm the original decision; or (b) vary the original decision (unless the original decision was a permanent care order); or (c) set aside the original decision; or (d) set aside the original decision and replace it with a new order or decision.

143A Legal representative for child (1) In proceedings under this Act, the Court may order the appointment of a legal practitioner to represent a child to whom the proceedings relate if the Court considers doing so is in the best interests of the (2) A legal practitioner may represent more than one child in the same proceedings unless the Court orders otherwise.

143B Basis of representation (1) A legal representative who is appointed on the order of the Court for a child must: (a) if subsection (2) applies – act on the instructions of the child; or

Care and Protection of Children Act 2007 89 (b) otherwise: (i) act in the best interests of the child regardless of any instructions from the child; and (ii) present the views and wishes of the child to the Court. (2) This subsection applies: (a) if the child is of sufficient maturity and understanding to be able to give instructions in relation to the proceedings; and (b) to the extent that the child gives instructions. (3) For this section, it is presumed, unless the contrary is proved, that: (a) a child who is under 10 years of age does not have sufficient maturity and understanding to be able to give instructions in relation to the proceedings; and (b) a child who is at least 10 years of age does have sufficient maturity and understanding to be able to give instructions in relation to the proceedings. (4) A legal representative for a child must inform the Court whether or not he or she is acting on instructions from the child.

143C Duties of legal practitioner (1) A legal representative for a child must: (a) take all reasonable steps to ascertain whether the child is of sufficient maturity and understanding to be able to give instructions in relation to the proceedings; and (b) take all reasonable steps to: (i) if the child is of sufficient maturity and understanding – obtain instructions from the child; or (ii) otherwise – ascertain the views and wishes of the child for the purposes of section 143B(1)(b)(ii). (2) A legal representative for a child must take all reasonable steps to actively and professionally represent the child as if the legal practitioner had been engaged by the child.

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143D Duration of appointment (1) A person appointed as the legal representative for a child remains the child's representative until one of the following occurs: (a) the proceedings for which the appointment was made are finally concluded; (b) with leave of the Court, the legal representative withdraws as the child's representative; (c) the Court revokes the appointment. (2) For this section, proceedings are finally concluded when one of the following occurs: (a) the proceedings are discontinued; (b) the Court makes a final order in the proceedings and either: (i) the time within which an appeal may be lodged against that order lapses without an appeal being lodged; or (ii) if an appeal is lodged within that period – the appeal proceedings are finally concluded. (3) The Court may revoke the appointment of a legal practitioner as the legal representative for a child at any time if satisfied that: (a) the practitioner has failed to perform his or her duty under section 143C; or (b) it is otherwise no longer in the best interests of the child for the practitioner to represent the child. (4) The Court may do so on application by a party or on the Court's own initiative.

143E Regulations The regulations may make provision for any of the following: (a) eligibility criteria for appointment under this Division as a legal representative for a child; (b) responsibilities of, and standards to be met by, legal representatives appointed under this Division.

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Division 6B Legal representation for young parents

143F Definition young parent means a person who: (a) is the parent of a child to whom proceedings under this Part relate; and (b) is a child.

143G Legal practitioner may be engaged (1) Despite anything to the contrary in the rules made under the Local Court Act 2015, a young parent may engage a legal practitioner to represent the young parent in proceedings under this Part if the young parent is of sufficient maturity and understanding to be able to give instructions in relation to the proceedings. (2) For subsection (1), it is presumed, unless the contrary is proved, that a young parent has sufficient maturity and understanding to be able to give instructions in relation to proceedings under this Part. (3) Despite subsection (1), a legal practitioner must not represent a young parent in proceedings under this Part unless the practitioner has taken all reasonable steps to ascertain that the young parent is of sufficient maturity and understanding to be able to give instructions in relation to the proceedings.

143H Court may order appointment of litigation guardian Despite section 143G, the Court may appoint a litigation guardian for a young parent if the Court considers the young parent is not of sufficient maturity or understanding to be able to give instructions in relation to the proceedings.

144 Application This Division applies to any Court proceedings other than proceedings for a temporary protection order.

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145 Medical practitioner may disclose information Section 12(2) of the Evidence Act 1939 does not apply to the Note Section 12(2) of the Evidence Act 1939 prohibits the disclosure by a medical practitioner of certain information.

147 Attendance of child (a) order a child to attend the proceedings (whether or not the proceedings relate to the child); or (b) make any other order in relation to the attendance of the child in the proceedings. (2) In addition, the Court may make orders in relation to the following: (a) taking a written statement from the child; (b) presenting to the Court the statement and a report prepared under section 149 for the child. (3) The Court may: (a) receive the statement and report as evidence; and (b) give them the weight the Court considers appropriate. (4) However, the Court must have regard to the following when acting under subsection (3): (a) the age of the child; (b) the intellectual capacity of the child; (c) the capacity of the child to understand the duty to speak the truth; (d) the extent to which the child may have been influenced by another person in making the statement or giving information for the report. (5) The Court must take into account the wishes of the child when making an order under this section. (6) Apart from this section, the child is not required to give evidence in any Court proceedings.

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148 Submissions from other persons (1) The Court may hear submissions from a person: (a) who is a family member of the child; or (b) whom the Court considers is able to inform the Court on matters relevant to the proceedings. (2) A legal practitioner may make the submissions for the person.

149 Report required by Court (1) The Court may order a report to be prepared about the wellbeing of (2) Without limiting subsection (1), the Court may specify in the order one or more of the following: (a) the person who must prepare the report; (b) the matters that must be addressed in the report; (c) the persons who must give information for the report; (d) that the child, a parent of the child or another person be interviewed for the report. (3) A person must not contravene the order. (5) A person is not civilly or criminally liable, or in breach of any professional code of conduct, for: (a) giving information for the report; or (b) preparing the report; or (c) giving the report to the Court. (6) The Court must, as soon as possible after receiving the report: (a) take all reasonable steps to ensure each party to the proceedings is given a copy of the report; and

Care and Protection of Children Act 2007 94 (b) give such other directions about the report as the Court considers appropriate. (7) However, the Court may decide not to give a copy of the report to a party to the proceedings if the Court considers it inappropriate to do so in the circumstances.

150 Confidentiality (1) A person who has a copy of the report must not disclose any information in it to another person. (2) Subsection (1) does not apply if the information is disclosed: (a) with the leave of the Court; or (b) to the person's legal representative; or (c) otherwise for the purposes of this Act.

151 Examination and cross-examination of witnesses (1) A witness may be examined and cross-examined in any Court proceedings as the Court considers appropriate. (2) If the Court regards a question directed at a witness as offensive, the Court may: (a) disallow the question; or (b) excuse the witness from answering the question. (3) If the Court regards an examination or cross-examination of a witness as oppressive or repetitive, the Court may: (a) disallow the examination or cross-examination; or (b) excuse the witness from the examination or cross- examination.

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152 Object of Part The object of this Part is to enable orders in the nature of protection orders and related proceedings to be transferred between different jurisdictions, so that: (a) children may be protected under the orders when moving from one jurisdiction to another; and (b) the proceedings may be determined expeditiously.

153 Definitions child protection order, for a child, means a final court order made under a child welfare law, or in force under an interstate law, that: (a) is of the same or a similar nature as a protection order; and (b) gives responsibility (however described) in relation to the child to: (i) a Minister of the Crown in right of the Territory or a State; or (ii) a government department or statutory authority, or the chief executive officer (however described) of, or someone employed or engaged in, the department or authority; or (iii) an organisation or the chief executive officer (however described) of the organisation. child protection proceeding means a proceeding in a court under a child welfare law for: (a) a finding (however described, and includes a finding that a child is in need of protection) that is a prerequisite to the making of a child protection order; or (b) the making of a child protection order or interim order; or (c) the extension, variation or revocation of a child protection

Care and Protection of Children Act 2007 96 child welfare law means: (a) a law of a State that substantially corresponds to the provisions in Part 2.3 that relate to a protection order; or (b) a child welfare law specified by regulation under section 154(1). Children's Court, for a State, means a court that has the jurisdiction to hear and determine a child protection proceeding at first instance in the State. home order means a protection order. home proceeding means any proceeding in the Court for the making of, or relating to, a protection order. interim order means: (a) an order made under section 170; or (b) an equivalent order made under an interstate law. interstate law means: (a) a law of a State that substantially corresponds to the provisions in this Part; or (b) an interstate law specified by regulation under section 154(2). interstate officer, for a State, means: (a) the person holding or occupying the office or position that has the principal responsibility for the protection of children in the State under the child welfare law of the State; or (b) the person holding or occupying the office or position specified in the regulations under section 154(3) for the State. parent, for a child to whom a home order or child protection order relates, includes anyone who would have parental responsibility for the child if the order had not been made. participating State means a State in which an interstate law is in force. sending State means the State from which a child protection order or child protection proceeding is transferred under an interstate law.

Care and Protection of Children Act 2007 97 State means: (a) a State or another Territory of the Commonwealth; or (b) New Zealand. working day means: (a) for a court – a day on which the court's offices are open; or (b) for the CEO – a day on which the Department's principal office is open.

154 Child welfare law, interstate law and interstate officer (1) A regulation may specify a law of a State that substantially corresponds to the provisions in Part 2.3 that relate to a protection order to be a child welfare law. (2) A regulation may specify a law of a State that substantially corresponds to the provisions in this Part to be an interstate law. (3) A regulation may specify an office or position in a State to be an office or position the holder or occupier of which is the interstate officer of the State.

155 When CEO may transfer order The CEO may transfer a home order to a participating State if: (a) the child to whom the order relates is residing, or is about to reside, in the State; and (b) no application has been made for the transfer under Subdivision 2; and (c) the order is not subject to an appeal and the time for instituting an appeal has expired; and (d) the CEO considers the wellbeing of the child will not be adversely affected by the transfer, having regard to the wishes of: (i) the child; and (ii) each parent of the child; and

Care and Protection of Children Act 2007 98 (iii) each person who has access to the child under the order; and (iv) any other person considered by the CEO to have a (e) the CEO considers a child protection order having the same or a similar effect as the home order can be made under the child welfare law of the State; and (f) the CEO considers it appropriate for the interstate officer of the State to exercise powers and responsibilities under a child protection order for the child; and (g) the interstate officer has consented in writing to the transfer and the matters specified by the CEO under section 156 for the transfer; and (h) each person whose consent to the transfer is required under section 157 has consented to the transfer.

156 Terms of transfer (1) The CEO must specify in the decision the period for which the transferred order is to be in force. (2) The period must be the lesser of: (a) the period for which the home order would remain in force if it is not transferred; and (b) the maximum period for which a child protection order of the participating State that has the same or a similar effect as the home order can be in force in the State. (3) The CEO may also specify in the decision provisions to be included in the transferred order to the extent to which they can be included in a child protection order mentioned in subsection (2)(b).

157 Persons whose consent is required (1) Consent of each of the following persons to the transfer is required: (a) if the CEO considers the child has sufficient maturity and understanding to give the consent – the child; (c) each person who has access to the child under the order.

Care and Protection of Children Act 2007 99 (2) However, consent from a person mentioned in subsection (1)(b) or (c) is not required if: (a) the person cannot be found after a reasonable attempt has been made to find the person; or (b) the person is residing, or is about to reside, in the participating State. (3) In obtaining the consent of a person, the CEO must ensure the person is informed of: (a) the person's right to apply under section 159 for a review of the CEO's decision and the time within which the application may be made; and (b) the CEO's right to apply to the Court for an order for the transfer of the home order under section 160.

158 Notice of decision (1) The CEO must give a notice of the decision to transfer the home order to each of the following persons: (c) each person who has access to the child under the order; (d) any other person considered by the CEO to have a direct and (2) The CEO must give the notice: (a) as soon as practicable; and (b) in any case not later than 3 working days after the decision is made. (3) The notice must state: (a) the date of the decision; and (b) details of the order that will apply to the child in the participating State; and

Care and Protection of Children Act 2007 100 (c) that the person is entitled to apply for a review of the decision under section 159 and the time within which the application may be made.

159 Review of decision (1) A person to whom the CEO has given a notice of the decision may apply to the Court for a review of the decision. (2) The application must be made within 20 working days after the person receives the notice. (3) The review is a review: (a) of the merits of the decision; and (b) on the grounds specified in the application. (4) The application stays the decision until the application is decided. (5) The Court may: (d) set aside the decision and replace it by the Court's decision.

160 When CEO may apply to Court for transfer The CEO may apply to the Court for an order transferring a home order to a participating State if: (a) the child to whom the order relates is residing, or is about to reside, in the State; and (b) the order is not subject to an appeal and the time for instituting an appeal has expired; and (c) the CEO considers the wellbeing of the child will not be adversely affected by the transfer, having regard to the wishes of: (i) the child; and (ii) each parent of the child; and

Care and Protection of Children Act 2007 101 (iii) any other person who has access to the child under the order; and (iv) any other person considered by the CEO to have a (d) the CEO considers a child protection order having the same or a similar effect as the home order can be made under the child welfare law of the State; and (e) the CEO considers it appropriate for the interstate officer of the State to exercise powers and responsibilities under a child protection order for the child; and (f) the interstate officer has consented in writing to the transfer and any of the following matters proposed by the CEO for the transfer: (i) the period for which the transferred order is to be in force; (ii) provisions to be included in the transferred order; and (g) one or more of the following apply: (i) a person whose consent to the transfer is required under section 157 has refused or failed to do so; (ii) the CEO considers the transferred order should include provisions different from those that are included in the home order; (iii) the CEO considers that, if the CEO were to make a decision to transfer the order, a person is likely to apply for a review of the decision under section 159; (iv) the CEO otherwise considers it appropriate for the Court to decide whether or not to transfer the order.

161 Service of application The CEO must, as soon as practicable after making the application, give a copy of the application to: and

Care and Protection of Children Act 2007 102 (b) each parent of the child; and (c) anyone else who was a party to the proceedings relating to the home order (other than the CEO); and (d) each person who has access to the child under the order; and (e) any other person considered by the CEO to have a direct and

162 When Court may hear application The Court must not hear the application unless: (a) the Court is satisfied the CEO is entitled to make the application; and (b) the CEO has given the Court a report that includes: (i) a history of the care of the child by the CEO; and (ii) any criminal history of the child; and (iii) details of any sentencing order imposed on the child that is in force; and (iv) any recommendations by the CEO concerning the proposed transfer; and (v) any other information prescribed by regulation.

163 Court must consider certain matters The Court must not decide the application unless it has considered: (a) the report mentioned in section 162(b); and (b) all of the following matters: (i) the place or likely place of residence for the child and other persons mentioned in section 161; (ii) how the wellbeing and interests of the child might be affected by the transfer; (iii) the matters mentioned in section 160(f)(i) and (ii) that are proposed by the CEO; (iv) whether a child protection order having the same or a similar effect as the home order can be made under the child welfare law of the participating State;

Care and Protection of Children Act 2007 103 (v) whether it is appropriate for a child protection order for the child to be in force under the child welfare law of the State; (vi) whether it is appropriate for the interstate officer of the State to exercise powers and responsibilities under the child protection order; (vii) wishes expressed by the child; (viii) wishes expressed by other persons mentioned in section 161.

164 Order of Court (1) The Court may, by order: (a) transfer the home order to the participating State; or (2) If the Court transfers the order to the State, the Court must specify in the transferred order the period for which it is to be in force. (3) The period must not be longer than the maximum period for which a child protection order of the State that has the same or a similar effect as the transferred order can be in force in the State. (4) The Court may also specify provisions to be included in the transferred order to the extent to which they can be included in a child protection order mentioned in subsection (3). (5) However, in specifying the matters mentioned in subsections (2) to (4), the Court must be satisfied: (a) the transferred order will have the same or a similar effect as the home order; and (b) the interstate officer of the State has consented in writing to the matters; and (c) the transferred order is in the best interests of the child.

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165 When CEO may apply to Court for transfer The CEO may apply to the Court for an order transferring a home proceeding to a participating State if: (a) the child to whom the proceeding relates is residing, or is about to reside, in the State; and (b) the interstate officer of the State has consented in writing to the transfer.

166 Service of application The CEO must, as soon as practicable after making the application, give a copy of the application to: and (b) each parent of the child; and (c) anyone else who was a party to the home proceeding (other than the CEO); and (d) each person who has access to the child under an order of the Court; and (e) any other person considered by the CEO to have a direct and

167 When Court may hear application The Court must not hear the application unless: (a) the Court is satisfied the CEO is entitled to make the application; and (b) the CEO has given the Court a report that includes: (i) a history of the care of the child by the CEO; and (ii) any criminal history of the child; and (iii) details of any sentencing order imposed on the child that is in force; and

Care and Protection of Children Act 2007 105 (iv) any recommendations by the CEO concerning the proposed transfer; and (v) any other information prescribed by regulation.

168 Court must consider certain matters The Court must not decide the application unless the Court has considered: (a) the report mentioned in section 167(b); and (b) all of the following matters: (i) the place of residence or likely place of residence for the child and other persons mentioned in section 166; (ii) the place where any of the matters giving rise to the proceeding arose; (iii) how the wellbeing and interests of the child might be affected by the transfer; (iv) whether any other proceedings relating to the child are pending, or have previously been heard and determined, under the child welfare law of the participating State; (v) whether it is appropriate for a child protection order for the child to be in force under the child welfare law of the State; (vi) whether it is appropriate for the interstate officer of the State to exercise powers and responsibilities under the child protection order; (vii) wishes expressed by the child; (viii) wishes expressed by other persons mentioned in section 166.

169 Order of Court (1) The Court may, by order: (a) transfer the home proceeding to the participating State; or (2) If the Court transfers the proceeding to the State, the proceeding is discontinued in the Court on the registration of the transfer in the Children's Court of the State under the interstate law.

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170 Interim order (1) If the Court transfers the proceeding to the participating State, the Court may also make an interim order providing for one or more of (a) giving daily care and control of, or parental responsibility for, the child to a specified person under specified conditions; (b) giving the responsibility for the supervision of the wellbeing of the child to: (i) the interstate officer of the State; or (ii) any other specified person in the State to whom the responsibility could be given under the child welfare law (2) The interim order remains in force for a specified period not exceeding 30 days. (3) The Children's Court of the State may extend, vary or revoke the interim order under the interstate law of the State.

171 Filing of documents for transfer of child protection order (1) The CEO must file in the Court: (a) a copy of each child protection order transferred to the Territory under an interstate law; and (b) the decision or order to transfer the order. (2) The CEO must do so as soon as practicable after the decision or order is made. (3) However, the CEO must not do so if, under the interstate law: (a) the decision or order is subject to a review, appeal or stay; or decision or order has not expired.

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172 Filing of documents for transfer of child protection proceeding (1) The CEO must file in the Court: (a) a copy of each order made under an interstate law to transfer a child protection proceeding to the Territory; and (b) any interim order relating to the proceeding. (2) The CEO must do so as soon as practicable after the order to transfer the proceeding is made. (3) However, the CEO must not do so if, under the interstate law: (a) the order is subject to a review, appeal or stay; or order has not expired.

173 Registration of transfer (1) A registrar of the Court must register the transfer of a child protection order or child protection proceeding if the CEO files documents for the transfer under section 171 or 172. (2) The registrar must do so in a way decided by the Court.

174 Effect of registration (1) If the transfer of a child protection order is registered, the transferred order is taken for all purposes to be a home order from the day of the registration. (2) If the transfer of a child protection proceeding is registered: (a) the proceeding is taken to have commenced in the Court under Part 2.3 on the day of the registration; and (b) any interim order filed under section 172(1)(b) relating to the proceeding is taken for all purposes to be an order made by the Court from the day of the registration.