QLDIn ForceAct
Child Protection Act 1999
sec.51VReview of plan—no long-term guardian
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### sec.51V Review of plan—no long-term guardian
This section applies if the child does not have a long-term guardian.
The chief executive must regularly review the case plan.
In deciding when, or how often, to review the plan, the chief executive must have regard to—
the child’s age and circumstances; and
the nature of the arrangements in place under the plan; and
any problems or potential problems with the plan, or ways the plan might be improved, of which the chief executive is aware; and
if a child protection order for the child is in force—the duration of the order.
In any case, the review must happen at least every 6 months.
Without limiting subsections (2) to (4) , the child may, at any time, ask the chief executive to review the child’s case plan.
On a request under subsection (5) , the chief executive may decide not to review the plan if satisfied—
the child’s circumstances have not changed significantly since the plan was finalised or, if it has been reviewed, since the most recent review; or
for another reason, it would not be appropriate in all the circumstances.
If, on a request under subsection (5) , the chief executive decides not to review the case plan, the chief executive must give written notice of the decision to the child.
The notice mentioned in subsection (7) must comply with the QCAT Act , section 157 (2) .
Subsection (10) applies to the review of a case plan for a child in care if—
the case plan does not include actions for helping the child transition from care to independence; and
the child has turned 15 since the making, or last review, of the case plan.
The review must include developing appropriate actions for helping the child transition to independence.
After reviewing the plan, the chief executive must prepare—
a report about the review under section 51X ; and
a revised case plan.
s 51V ins 2004 No. 36 s 15
amd 2010 No. 33 s 35 ; 2017 No. 44 s 24 ; 2022 No. 7 s 24
(sec.51V-ssec.1) This section applies if the child does not have a long-term guardian.
(sec.51V-ssec.2) The chief executive must regularly review the case plan.
(sec.51V-ssec.3) In deciding when, or how often, to review the plan, the chief executive must have regard to— the child’s age and circumstances; and the nature of the arrangements in place under the plan; and any problems or potential problems with the plan, or ways the plan might be improved, of which the chief executive is aware; and if a child protection order for the child is in force—the duration of the order.
(sec.51V-ssec.4) In any case, the review must happen at least every 6 months.
(sec.51V-ssec.5) Without limiting subsections (2) to (4) , the child may, at any time, ask the chief executive to review the child’s case plan.
(sec.51V-ssec.6) On a request under subsection (5) , the chief executive may decide not to review the plan if satisfied— the child’s circumstances have not changed significantly since the plan was finalised or, if it has been reviewed, since the most recent review; or for another reason, it would not be appropriate in all the circumstances.
(sec.51V-ssec.7) If, on a request under subsection (5) , the chief executive decides not to review the case plan, the chief executive must give written notice of the decision to the child.
(sec.51V-ssec.8) The notice mentioned in subsection (7) must comply with the QCAT Act , section 157 (2) .
(sec.51V-ssec.9) Subsection (10) applies to the review of a case plan for a child in care if— the case plan does not include actions for helping the child transition from care to independence; and the child has turned 15 since the making, or last review, of the case plan.
(sec.51V-ssec.10) The review must include developing appropriate actions for helping the child transition to independence.
(sec.51V-ssec.11) After reviewing the plan, the chief executive must prepare— a report about the review under section 51X ; and a revised case plan.
- (a) the child’s age and circumstances; and
- (b) the nature of the arrangements in place under the plan; and
- (c) any problems or potential problems with the plan, or ways the plan might be improved, of which the chief executive is aware; and
- (d) if a child protection order for the child is in force—the duration of the order.
- (a) the child’s circumstances have not changed significantly since the plan was finalised or, if it has been reviewed, since the most recent review; or
- (b) for another reason, it would not be appropriate in all the circumstances.
- (a) the case plan does not include actions for helping the child transition from care to independence; and
- (b) the child has turned 15 since the making, or last review, of the case plan.
- (a) a report about the review under section 51X ; and
- (b) a revised case plan.