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Care and Protection of Children Act 2007
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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
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(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
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(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;
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(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.
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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).
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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.
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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.