QLDIn ForceAct
Child Protection Act 1999
sec.79AObligations of long-term guardians and permanent guardians to children under orders
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### sec.79A Obligations of long-term guardians and permanent guardians to children under orders
A long-term guardian or permanent guardian of a child must—
as far as reasonably practicable, ensure the charter of rights for a child in care in schedule 1 is complied with in relation to the child as if—
the guardian were the chief executive; and
the child were a child in need of protection in the custody or care of the chief executive; and
ensure the child is provided with appropriate help in the transition from being a child in care to independence; and
to the extent it is in the best interests of the child, preserve the child’s identity and connection to the child’s culture of origin; and
to the extent it is in the best interests of the child, help maintain the child’s relationships with the child’s parents, family members and other persons of significance to the child.
However, the Childrens Court may order that any of the requirements mentioned in subsection (1) do not apply, or apply with stated modifications or apply to a stated extent, if the court is satisfied compliance with the requirement would—
constitute a significant risk to the safety of the child or anyone else with whom the child is living; or
otherwise not be in the best interests of the child.
s 79A ins 2017 No. 44 s 43
(sec.79A-ssec.1) A long-term guardian or permanent guardian of a child must— as far as reasonably practicable, ensure the charter of rights for a child in care in schedule 1 is complied with in relation to the child as if— the guardian were the chief executive; and the child were a child in need of protection in the custody or care of the chief executive; and ensure the child is provided with appropriate help in the transition from being a child in care to independence; and to the extent it is in the best interests of the child, preserve the child’s identity and connection to the child’s culture of origin; and to the extent it is in the best interests of the child, help maintain the child’s relationships with the child’s parents, family members and other persons of significance to the child.
(sec.79A-ssec.2) However, the Childrens Court may order that any of the requirements mentioned in subsection (1) do not apply, or apply with stated modifications or apply to a stated extent, if the court is satisfied compliance with the requirement would— constitute a significant risk to the safety of the child or anyone else with whom the child is living; or otherwise not be in the best interests of the child.
- (a) as far as reasonably practicable, ensure the charter of rights for a child in care in schedule 1 is complied with in relation to the child as if— (i) the guardian were the chief executive; and (ii) the child were a child in need of protection in the custody or care of the chief executive; and
- (i) the guardian were the chief executive; and
- (ii) the child were a child in need of protection in the custody or care of the chief executive; and
- (b) ensure the child is provided with appropriate help in the transition from being a child in care to independence; and
- (c) to the extent it is in the best interests of the child, preserve the child’s identity and connection to the child’s culture of origin; and
- (d) to the extent it is in the best interests of the child, help maintain the child’s relationships with the child’s parents, family members and other persons of significance to the child.
- (i) the guardian were the chief executive; and
- (ii) the child were a child in need of protection in the custody or care of the chief executive; and
- (a) constitute a significant risk to the safety of the child or anyone else with whom the child is living; or
- (b) otherwise not be in the best interests of the child.