Children, Youth and Families Act 2005

Children and young people: Any child under the relevant threshold age may come within the Act whether in child protection proceedings (under 17 in most circumstances) or criminal proceedings (as defined by the Youth Justice Act 2024). Children in out of home care have specific entitlements including case plans, cultural support, and review of decisions.

Parents and families: Parents are parties to child protection proceedings. Their views must be taken into account in case planning. Parents retain parental responsibility unless and until an order provides otherwise. The Aboriginal Child Placement Principle specifically prioritises Aboriginal family placement.

Mandatory reporters: A broad group of professionals including teachers, nurses, doctors, midwives, police, probation officers, out of home care workers, religious leaders (in some circumstances), and others must report a reasonable belief that a child is in need of protection. Failure to report is a criminal offence. Reporters are protected from civil liability and their identity is kept confidential under sections 189 to 191.

The Secretary: The Secretary of the relevant Department has overarching functions and powers in sections 15 and 16. The Secretary may authorise principal officers of Aboriginal agencies and community service providers to exercise functions on behalf of the Secretary. The Secretary has a key role in out of home care placement, case planning, and information disclosure.

Aboriginal agencies: Organisations declared to be Aboriginal agencies under section 6. The Secretary may authorise the principal officer of an Aboriginal agency to act in relation to Aboriginal children, bringing Aboriginal community governance into the child protection system.

Community service providers: Organisations authorised to provide out of home care and other services to children and families. The Secretary may enter into contracts and grant funds to service providers (sections 16A and 23).

Children's Court practitioners: Legal practitioners, registrars, judicial registrars, and youth justice officers who work within the Children's Court framework established by Chapter 7. The Court has exclusive jurisdiction in most child protection and criminal matters involving children.

Mandatory reporting: Any mandatory reporter who holds a reasonable belief that a child is in need of protection must report that belief to a protective intervener as soon as practicable (section 184). Failure without reasonable excuse is a criminal offence. Medical professional privilege does not apply to such reports (section 200). Protection against self-incrimination is preserved (section 198).

Secretary's case planning: Once a protective intervener is satisfied on reasonable grounds that a child is in need of protection, the Secretary must ensure a case plan is prepared (section 168(1)). Case plans must be given to the child and parents within 14 days of preparation, and updated within defined periods after Court orders.

Secretary's placement duties: In placing a child, the Secretary must have the best interests of the child as the first and paramount consideration, make provision for the child's physical, intellectual, emotional and spiritual development, and must not place a child in a secure welfare service merely because the child lacks accommodation (section 174).

Public access obligations for out of home care: Sections 179 and 180 impose duties on the Secretary and out of home care service providers to provide information to carers about the child's circumstances, subject to confidentiality obligations.

Cultural support for Aboriginal children: The Secretary must provide a cultural plan to every Aboriginal child in out of home care aligned with the case plan, addressing the child's cultural support needs and maintaining Aboriginal identity (section 176).

Review of case plans: Case plans must be reviewed at least annually, after a protection order is made, when a child has been in out of home care for 12 months under a family reunification permanency objective, and as otherwise necessary (section 169).

Secretary's broad placement powers: Under section 173, the Secretary may place a child in an out of home care service, in a secure welfare service for up to 21 days (with one possible extension), for adoption, or in any other suitable situation. The power to place in a secure welfare service requires a substantial and immediate risk of harm.

Search powers in secure welfare services: Sections 72A to 72N grant search powers in secure welfare services, including frisk searches and unclothed searches with specific procedural requirements. Seclusion may not be used as punishment (section 72O) but may be used in prescribed circumstances for safety (section 72P).

Secretary's information disclosure powers: The Secretary may authorise direction to disclose information under sections 194 to 200. Authorised officers may compel disclosure of information relevant to child protection. Refusal is an offence. Legal professional privilege applies but medical professional privilege does not.

Children's Court jurisdiction: The Family Division has jurisdiction over child protection applications, adoption, personal safety orders, and family violence applications concerning children. The Criminal Division has jurisdiction over criminal proceedings against children. The Court may make protection orders, therapeutic treatment orders, care orders, permanent care orders, and a range of sentencing orders. The Court must have the child's best interests as the paramount consideration in all Family Division proceedings.

Koori Court (Criminal Division): Established under section 504(3)(c), this Division applies modified procedures for Aboriginal children in criminal proceedings, consistent with culturally appropriate practice.

Powers in Chapter 5 criminal proceedings: The Court has extensive powers over bail (incorporating the Bail Act 1977), remand, sentencing (Chapter 5 Part 5.3), and appeals (Part 5.4). Sentencing options include dismissal without conviction, adjournment without finding of guilt, probation, youth supervision orders, youth attendance orders, and detention orders in youth justice facilities.

Computerised and delegated decision-making: Under section 17, the Secretary may delegate functions to staff. Under section 18, the Secretary may authorise principal officers of Aboriginal agencies to exercise specific functions.

Mandatory reporting offence: Failure to report by a mandatory reporter is a criminal offence. The penalty appears in the mandatory reporting provisions of Division 2 of Part 4.4.

Duty of care offence (section 493): A person who has a duty of care in respect of a child and intentionally takes action, or intentionally fails to take action, resulting in or likely to result in significant harm, is guilty of an offence. Maximum penalty: 50 penalty units or 12 months imprisonment. Proceedings may only be brought after consultation with the Secretary.

Offence to leave child unattended (section 494): Maximum 25 penalty units or 6 months imprisonment. Cannot be brought against a person under 16 who is not the child's parent.

Offences relating to children in care (sections 495 to 497): Harbouring, concealing, or assisting a child to be absent from authorised placement: 25 penalty units or 6 months. Entering a secure placement without authority, conveying prohibited articles to detained children: 25 penalty units or 6 months. All require prior consultation with the Secretary.

Offences in custodial settings (sections 498 to 501): Escape from remand centre, youth residential centre, or youth justice centre: for a child under 15, detention in a youth residential centre for up to 6 months; for a child 15 or over, detention for up to 12 months; in other cases, up to 12 months imprisonment or detention. Harbouring or counselling escape: up to 120 penalty units or 12 months. Conveying prohibited items into youth justice facilities without authority: imprisonment for up to 2 years for adults.

Impersonation and obstruction (sections 502 and 503): Impersonating the Secretary as a protective intervener: 60 penalty units. Obstructing the Secretary or employee: 120 penalty units or 12 months imprisonment.

Reporting: A mandatory reporter must report as soon as practicable once a reasonable belief arises. The Secretary determines the response to the report under section 30, and may refer to a community service or investigate directly.

Investigation and interim orders: Once an investigation confirms a child is in need of protection, the Secretary may apply to the Children's Court for protection orders. The Court may make interim accommodation orders at the outset of proceedings to protect the child pending hearing.

Case planning timelines: Case plan must be provided to child and parent within 14 days of preparation; within 8 weeks after a protection order is made or extended; within 14 days after any other amendment (section 168(2)). Case plans must be reviewed at intervals under section 169, including mandatory review when the child has been in out of home care for 12 months on a family reunification objective.

Permanency timeframes: Family reunification is appropriate where the child has been in out of home care for less than 12 months. After 12 months in care without real likelihood of safe reunification within 12 months, or after 24 months in care (except in exceptional circumstances), a permanency objective from adoption onwards must be set (section 167(3) and (4)).

Therapeutic treatment plan timelines: Must be prepared within 6 weeks of a therapeutic treatment order; reviewed at the halfway point of the order (sections 169B and 169C).

Criminal proceedings timelines: Proceedings against a child for a summary offence must be commenced within 6 months of the alleged offence (section 344A(1)), subject to the Court's power to extend in limited circumstances. Children in custody must be brought before the Court or bail justice within 24 hours (section 346(2)), or if bail can only be granted by a court, by the next working day (or within 2 working days in prescribed regions).

Appeals: Appeals from the Children's Court in criminal matters lie to the County Court, the Trial Division of the Supreme Court (if the matter was heard by the President), or the Court of Appeal (if heard by a Chief Magistrate who is a dual commission holder), as defined in section 3.

Youth Justice Act 2024: The definition of 'child' for criminal proceedings has been aligned with the Youth Justice Act 2024. Section 10 of that Act conclusively presumes that a child under 12 cannot commit an offence (noted in section 344A and 345). The Act and the Youth Justice Act 2024 form a complementary framework for the management of young offenders.

Bail Act 1977: Chapter 5 incorporates the Bail Act 1977 for children's criminal proceedings (section 346(6)). Special provisions for children in that Act (including sections 3B, 5AA, 10(3), 10A(3), 12(4) and (5), 16B, and 24(3A)) apply in Children's Court bail proceedings.

Family Violence Protection Act 2008: Family violence applications in which the respondent or affected person is a child are heard in the Family Division of the Children's Court. The definition of 'child' for those proceedings is a person under 18 (section 3).

Adoption Act 1984: References throughout Chapter 4 to adoption as a permanency objective connect to this Act. The Secretary's powers in section 173 include placement for adoption where the Secretary has sole parental responsibility.

Corrections Act 1986: Children held in police gaols are entitled to be kept separate from adults and to have reasonable medical, religious, and cultural needs met (section 347(2)). The Corrections Act 1986 applies to their conditions of detention, subject to this Act.

Criminal Procedure Act 2009: The Children's Court's criminal procedures are supplemented by the Criminal Procedure Act 2009, as applied with necessary modifications by Chapter 5.

Personal Safety Intervention Orders Act 2010 and National Domestic Violence Order Scheme Act 2016: The definition of 'child' is extended to under-18 in these contexts (section 3).

The definition of 'child' varies by Part: Unlike a single uniform definition, the Act applies different age thresholds and definitions depending on the proceeding type (child protection, criminal, family violence, adoption). Practitioners must always verify which definition applies in the relevant context.

Mandatory reporters cannot claim medical professional privilege: Section 200 expressly extinguishes medical professional privilege in the context of mandatory reporting. However, legal professional privilege and client legal privilege are preserved (section 199). A doctor who holds a reasonable belief of protection risk must report it, even if that knowledge came from a patient communication.

The permanency clock runs cumulatively: The 12-month and 24-month thresholds in section 167(3) and (4) are based on cumulative time in out of home care, not continuous unbroken periods. Section 287A(4) applies for calculating that cumulative period. A child who has been placed in and out of care across multiple episodes may reach the threshold earlier than expected.

Consultation with Secretary required before prosecuting Chapter 6 offences: Sections 493(2), 494(2), 496(6), and others require that before proceedings are brought for protective offences, the Secretary must be consulted. Failure to consult is a bar to prosecution, not merely a procedural irregularity.

The Court cannot hear a child protection matter as a child criminal matter and vice versa: Each Division of the Children's Court has separate jurisdiction. A child appearing in the Criminal Division for an offence cannot have child protection orders made in the same proceeding.

Restriction on placement in secure welfare service: The Secretary cannot place a child in a secure welfare service simply because the child lacks accommodation (section 174(1)(c)). Secure placement requires a substantial and immediate risk of harm to the child.

Seclusion in secure welfare services: Seclusion may not be used as a disciplinary measure or punishment (section 72O). It may be used in prescribed circumstances under section 72P but only for safety purposes, subject to strict procedural requirements including searches.

Mandatory reporter making a report: A school teacher observes unexplained bruising on a 10-year-old student and forms a reasonable belief the child has suffered significant physical harm. The teacher must report that belief to the Secretary as soon as practicable under section 184. The teacher is protected from civil liability for the report (section 189) and the teacher's identity is kept confidential from the child's parents (section 191).

Setting a permanency objective: A child has been in out of home care for 15 months under a family reunification order. The case plan review shows no real likelihood of safe reunification within the next 12 months. The Secretary must revise the case plan to set a permanency objective of adoption, permanent care, or long-term out of home care in order of preference under section 167(4)(a), and must ensure the revised case plan is given to the child and parents.

Aboriginal child placement: A five-year-old Aboriginal child is found to be in need of protection and removed from the family home. The Secretary must apply the Aboriginal Child Placement Principle in section 13 and the recognition principles in Part 1.1B: the preferred placement is with an Aboriginal family member, then another Aboriginal person, then another suitable person who can maintain the child's cultural connections. Placement with a non-Aboriginal carer requires evidence that culturally preferred options are not available.

Bail application in the Criminal Division: A 14-year-old is charged with aggravated burglary. Police have arrested the child. The child must be brought before the Court or a bail justice within 24 hours (section 346(2)). The Court applies the Bail Act 1977, including the child-specific provisions in that Act, in deciding whether to remand in custody or grant bail. If remanded, the child must be placed in a remand centre under section 347.

Duty of care offence: A 26-year-old partner of a child's mother is the primary carer for a seven-year-old. The partner intentionally withholds food from the child for several days, significantly harming the child's physical health. This satisfies the duty of care offence in section 493(1)(b). The Secretary must be consulted before proceedings are brought. The maximum penalty is 50 penalty units or 12 months imprisonment.