QLDIn ForceAct
Child Protection Act 1999
sec.22Unborn children
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### sec.22 Unborn children
This section applies if, before the birth of a child, the chief executive reasonably suspects the child may be in need of protection after he or she is born.
The chief executive must take the action the chief executive considers appropriate including, for example—
having an authorised officer investigate the circumstances and assess the likelihood that the child will need protection after he or she is born; or
offering help and support to the pregnant woman.
If the child is an Aboriginal or Torres Strait Islander child, the chief executive or an authorised officer must arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the pregnant woman and the child’s family in relation to a matter mentioned in subsection (2) .
However, subsection (3) applies only if the pregnant woman agrees to the involvement of an independent Aboriginal or Torres Strait Islander entity for the child.
The purpose of this section is to reduce the likelihood that the child will need protection after he or she is born (as opposed to interfering with the pregnant woman’s rights or liberties).
s 22 (prev s 21A) ins 2004 No. 13 s 9
amd 2010 No. 33 s 18 ; 2017 No. 44 s 11 ; 2022 No. 7 s 18 (1)
renum 2022 No. 7 s 18 (2)
(sec.22-ssec.1) This section applies if, before the birth of a child, the chief executive reasonably suspects the child may be in need of protection after he or she is born.
(sec.22-ssec.2) The chief executive must take the action the chief executive considers appropriate including, for example— having an authorised officer investigate the circumstances and assess the likelihood that the child will need protection after he or she is born; or offering help and support to the pregnant woman.
(sec.22-ssec.3) If the child is an Aboriginal or Torres Strait Islander child, the chief executive or an authorised officer must arrange for an independent Aboriginal or Torres Strait Islander entity for the child to facilitate the participation of the pregnant woman and the child’s family in relation to a matter mentioned in subsection (2) .
(sec.22-ssec.4) However, subsection (3) applies only if the pregnant woman agrees to the involvement of an independent Aboriginal or Torres Strait Islander entity for the child.
(sec.22-ssec.5) The purpose of this section is to reduce the likelihood that the child will need protection after he or she is born (as opposed to interfering with the pregnant woman’s rights or liberties).
- (a) having an authorised officer investigate the circumstances and assess the likelihood that the child will need protection after he or she is born; or
- (b) offering help and support to the pregnant woman.