QLDIn ForceAct
Child Protection Act 1999
sec.182Evidentiary provisions
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### sec.182 Evidentiary provisions
This section applies to a proceeding under or in relation to this Act.
Unless a party, by reasonable notice, requires proof of—
the appointment of an authorised officer or honorary officer under this Act; or
the authority of an authorised officer or honorary officer to do an act under this Act;
the appointment or authority must be presumed.
A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.
A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—
a stated document is a copy of a licence, certificate of approval, notice, declaration or decision made, issued or given under this Act;
on a stated day, or during a stated period, a stated person was or was not the holder of a licence or certificate of approval;
a licence or certificate of approval—
was or was not issued or given for a stated term; or
was or was not in force on a stated day or during a stated period; or
was or was not subject to a stated condition;
on a stated day, a licence or certificate of approval was suspended for a stated period or cancelled;
on a stated day, a stated person was given a stated notice under this Act;
the whereabouts of a child’s parents could not be ascertained after stated reasonable inquiries;
on a stated day, a family group meeting or conference was held;
a stated entity is an independent Aboriginal or Torres Strait Islander entity for a particular Aboriginal or Torres Strait Islander child;
another matter prescribed under a regulation.
A document purporting to be the consent of an interstate officer or a delegate of an interstate officer, or purporting to be a copy of the consent of an interstate officer or a delegate of an interstate officer, is evidence of the consent.
s 182 amd 2000 No. 7 s 40 ; 2004 No. 36 s 26 ; 2005 No. 40 s 62 ; 2014 No. 12 s 49 ; 2017 No. 44 s 67
(sec.182-ssec.1) This section applies to a proceeding under or in relation to this Act.
(sec.182-ssec.2) Unless a party, by reasonable notice, requires proof of— the appointment of an authorised officer or honorary officer under this Act; or the authority of an authorised officer or honorary officer to do an act under this Act; the appointment or authority must be presumed.
(sec.182-ssec.3) A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.
(sec.182-ssec.4) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is a copy of a licence, certificate of approval, notice, declaration or decision made, issued or given under this Act; on a stated day, or during a stated period, a stated person was or was not the holder of a licence or certificate of approval; a licence or certificate of approval— was or was not issued or given for a stated term; or was or was not in force on a stated day or during a stated period; or was or was not subject to a stated condition; on a stated day, a licence or certificate of approval was suspended for a stated period or cancelled; on a stated day, a stated person was given a stated notice under this Act; the whereabouts of a child’s parents could not be ascertained after stated reasonable inquiries; on a stated day, a family group meeting or conference was held; a stated entity is an independent Aboriginal or Torres Strait Islander entity for a particular Aboriginal or Torres Strait Islander child; another matter prescribed under a regulation.
(sec.182-ssec.5) A document purporting to be the consent of an interstate officer or a delegate of an interstate officer, or purporting to be a copy of the consent of an interstate officer or a delegate of an interstate officer, is evidence of the consent.
- (a) the appointment of an authorised officer or honorary officer under this Act; or
- (b) the authority of an authorised officer or honorary officer to do an act under this Act;
- (a) a stated document is a copy of a licence, certificate of approval, notice, declaration or decision made, issued or given under this Act;
- (b) on a stated day, or during a stated period, a stated person was or was not the holder of a licence or certificate of approval;
- (c) a licence or certificate of approval— (i) was or was not issued or given for a stated term; or (ii) was or was not in force on a stated day or during a stated period; or (iii) was or was not subject to a stated condition;
- (i) was or was not issued or given for a stated term; or
- (ii) was or was not in force on a stated day or during a stated period; or
- (iii) was or was not subject to a stated condition;
- (d) on a stated day, a licence or certificate of approval was suspended for a stated period or cancelled;
- (e) on a stated day, a stated person was given a stated notice under this Act;
- (f) the whereabouts of a child’s parents could not be ascertained after stated reasonable inquiries;
- (g) on a stated day, a family group meeting or conference was held;
- (h) a stated entity is an independent Aboriginal or Torres Strait Islander entity for a particular Aboriginal or Torres Strait Islander child;
- (i) another matter prescribed under a regulation.
- (i) was or was not issued or given for a stated term; or
- (ii) was or was not in force on a stated day or during a stated period; or
- (iii) was or was not subject to a stated condition;