QLDIn ForceAct
Child Protection Act 1999
sec.195Compliance with provisions about explaining and giving documents
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### sec.195 Compliance with provisions about explaining and giving documents
This section applies if, under a provision of this Act, the chief executive or an authorised officer or police officer is authorised or required to explain the terms and effects of an order or declaration, or give information or a notice to—
a child; or
a child’s parents, each of a child’s parents or at least 1 of a child’s parents; or
a child’s carer.
Also, this section applies if, under a provision of chapter 7 , the chief executive is required to obtain the consent of a parent.
The chief executive or officer need only comply with the provision to the extent that is reasonably practicable in the circumstances.
Without limiting subsection (3) , it is not, for example, reasonably practicable to comply with the provision in relation to a child’s parents if, after reasonable inquiries, the parents or their whereabouts can not be ascertained or, if ascertained, can not be contacted.
Also, so far as compliance relates to telling the child about a matter, the chief executive or officer need only comply with the provision to the extent that the chief executive or officer reasonably considers is appropriate in the circumstances having regard to the child’s age or ability to understand the matter.
However, if under the provision an authorised officer is required to give the child’s parents a copy of a document or information in writing, the officer must also give the child the information in writing the officer considers is appropriate in the circumstances having regard to the child’s age or ability to understand the information.
In this section—
parent includes a long-term guardian of the child.
s 195 amd 2000 No. 7 s 42 ; 2010 No. 33 s 85
(sec.195-ssec.1) This section applies if, under a provision of this Act, the chief executive or an authorised officer or police officer is authorised or required to explain the terms and effects of an order or declaration, or give information or a notice to— a child; or a child’s parents, each of a child’s parents or at least 1 of a child’s parents; or a child’s carer.
(sec.195-ssec.2) Also, this section applies if, under a provision of chapter 7 , the chief executive is required to obtain the consent of a parent.
(sec.195-ssec.3) The chief executive or officer need only comply with the provision to the extent that is reasonably practicable in the circumstances.
(sec.195-ssec.4) Without limiting subsection (3) , it is not, for example, reasonably practicable to comply with the provision in relation to a child’s parents if, after reasonable inquiries, the parents or their whereabouts can not be ascertained or, if ascertained, can not be contacted.
(sec.195-ssec.5) Also, so far as compliance relates to telling the child about a matter, the chief executive or officer need only comply with the provision to the extent that the chief executive or officer reasonably considers is appropriate in the circumstances having regard to the child’s age or ability to understand the matter.
(sec.195-ssec.6) However, if under the provision an authorised officer is required to give the child’s parents a copy of a document or information in writing, the officer must also give the child the information in writing the officer considers is appropriate in the circumstances having regard to the child’s age or ability to understand the information.
(sec.195-ssec.7) In this section— parent includes a long-term guardian of the child.
- (a) a child; or
- (b) a child’s parents, each of a child’s parents or at least 1 of a child’s parents; or
- (c) a child’s carer.