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Queensland regulation
These Rules set detailed court procedures for child protection, adoption and acknowledgement-of-sex matters. They require timed disclosure by the litigation director, let parties request documents, govern subpoenas and non‑participant cost recovery, and give the court broad case‑management and evidence‑giving powers (including protections for children and procedures for Indigenous involvement). They affect litigation directors, parties, non‑participant witnesses, registrars and expert witnesses, and matter because they determine who must produce or pay for documents, what time limits apply, and how a child may give evidence.
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Direct links to the current provisions in Childrens Court Rules 2016.
These rules may be cited as the Childrens Court Rules 2016 .
These rules commence on 1 July 2016.
These rules apply to— CAO proceedings; and child protection proceedings; and adoption proceedings; and acknowledgement of sex proceedings; and applications made under the Trans-Tasman Proceedings Act in any civil or criminal proceeding before the court; and an appeal to the court under— the Child Protection Act , section 117 ; or the Adoption Act , section 243 ; or the Births, Deaths and Marriages Registration Act 2023 , section 78 . These rules do not apply to the Court of Appeal. These rules apply to the following proceedings to the extent that the court directs— a proceeding for an order transferring a child protection order to a participating State under the Child Protection Act , section 214 ; a proceeding for an order transferring a child protection proceeding to the Childrens Court in a participating State under the Child Protection Act , section 228 ; an appeal to the court against a decision mentioned in the Child Protection Act , section 239 (1) . r 3 amd 2024 SL No. 76 s 4 (sec.3-ssec.1) These rules apply to— CAO proceedings; and child protection proceedings; and adoption proceedings; and acknowledgement of sex proceedings; and applications made under the Trans-Tasman Proceedings Act in any civil or criminal proceeding before the court; and an appeal to the court under— the Child Protection Act , section 117 ; or the Adoption Act , section 243 ; or the Births, Deaths and Marriages Registration Act 2023 , section 78 . These rules do not apply to the Court of Appeal. (sec.3-ssec.2) These rules apply to the following proceedings to the extent that the court directs— a proceeding for an order transferring a child protection order to a participating State under the Child Protection Act , section 214 ; a proceeding for an order transferring a child protection proceeding to the Childrens Court in a participating State under the Child Protection Act , section 228 ; an appeal to the court against a decision mentioned in the Child Protection Act , section 239 (1) .
The dictionary in schedule 1 defines particular words used in these rules. For a rule about a CAO proceeding or child protection proceeding, the words and expressions used in the rule have the same meaning as they have in the Child Protection Act . For a rule about an adoption proceeding, the words and expressions used in the rule have the same meaning as they have in the Adoption Act . For a rule about an acknowledgement of sex proceeding, the words and expressions used in the rule have the same meaning as they have in the Births, Deaths and Marriages Registration Act 2023 . However, subrules (2) , (3) and (4) do not apply if the rule where the term is used makes it clear that the term does not have the same meaning as in the Child Protection Act or the Adoption Act . r 4 amd 2024 SL No. 76 s 5 (sec.4-ssec.1) The dictionary in schedule 1 defines particular words used in these rules. (sec.4-ssec.2) For a rule about a CAO proceeding or child protection proceeding, the words and expressions used in the rule have the same meaning as they have in the Child Protection Act . (sec.4-ssec.3) For a rule about an adoption proceeding, the words and expressions used in the rule have the same meaning as they have in the Adoption Act . (sec.4-ssec.4) For a rule about an acknowledgement of sex proceeding, the words and expressions used in the rule have the same meaning as they have in the Births, Deaths and Marriages Registration Act 2023 . (sec.4-ssec.5) However, subrules (2) , (3) and (4) do not apply if the rule where the term is used makes it clear that the term does not have the same meaning as in the Child Protection Act or the Adoption Act .
The main object of these rules is to provide for flexible procedures that allow the court to decide a proceeding— consistently with— for a CAO proceeding or child protection proceeding—the child protection principles; or for an adoption proceeding—the adoption principles; or for an acknowledgement of sex proceeding—the Births, Deaths and Marriages Registration Act 2023 , section 70 ; and fairly; and as soon as possible; and with the minimum cost; and with the minimum legal technicality; and in accordance with the nature, importance and complexity of the issues to be resolved in the proceeding; and in relation to a proceeding involving an Aboriginal or Torres Strait Islander child—having regard to Aboriginal tradition or Island custom. r 5 amd 2024 SL No. 76 s 6
Subject to a contrary intention in an Act or these rules, the court may make an order or issue a direction under these rules— on the court’s own initiative; or on the application of a party.
If an order or a direction of the court is inconsistent with another provision of these rules, the court’s order or direction prevails to the extent of the inconsistency.
Noncompliance with a rule does not invalidate a proceeding unless the court directs otherwise. If a rule has not been complied with, the court may— waive the noncompliance; or set aside all or part of the proceeding; or make another order it considers appropriate. an order enforcing the performance of a duty imposed on a person under these rules (sec.8-ssec.1) Noncompliance with a rule does not invalidate a proceeding unless the court directs otherwise. (sec.8-ssec.2) If a rule has not been complied with, the court may— waive the noncompliance; or set aside all or part of the proceeding; or make another order it considers appropriate. an order enforcing the performance of a duty imposed on a person under these rules
This part— explains how to start a proceeding; and states the documents the litigation director must file in a child protection proceeding; and if a child protection application for an Aboriginal or Torres Strait Islander child is filed—explains how to notify the court of the name and contact details of an independent Aboriginal or Torres Strait Islander entity for the child; and states the documents a person making an acknowledgement of sex application must file. r 9 amd 2018 SL No. 165 s 4 ; 2024 SL No. 76 s 8
A proceeding is started when 1 of the following documents is filed in the court— a child protection application; an Adoption Act application; an acknowledgement of sex application; a notice of appeal. An application mentioned in subrule (1) (a) , (b) or (c) is an originating application . r 10 amd 2024 SL No. 76 s 10 (sec.10-ssec.1) A proceeding is started when 1 of the following documents is filed in the court— a child protection application; an Adoption Act application; an acknowledgement of sex application; a notice of appeal. (sec.10-ssec.2) An application mentioned in subrule (1) (a) , (b) or (c) is an originating application .
An originating application may be filed in— a registry of a Magistrates Court of— a district in which a child the subject of the proceeding resides; or the district in which a respondent resides; or if all parties to the proceeding agree, in writing, to the filing of the originating application in another district—the other district; or if the application cannot be filed in a registry mentioned in paragraph (a) —any central Magistrates Court registry. Under the Child Protection Act , section 114 and the Adoption Act , section 240 , a magistrate constituting the Childrens Court may order that a proceeding be transferred to the court constituted by a magistrate at another place. However, an originating application must be filed in accordance with any requirement stated in a practice direction of the Chief Magistrate relating to the filing of the application in— a particular registry of a Magistrates Court; or a registry of a Magistrates Court of a particular district. In this rule— central Magistrates Court registry means the registry of a Magistrates Court at Brisbane, Rockhampton, Townsville or Cairns. Chief Magistrate means a District Court judge or magistrate who is appointed as the Chief Magistrate under the Magistrates Act 1991 , section 5 (6) . district means a district of a Magistrates Court mentioned in the Justices Regulation 2014 , schedule 1 . (sec.11-ssec.1) An originating application may be filed in— a registry of a Magistrates Court of— a district in which a child the subject of the proceeding resides; or the district in which a respondent resides; or if all parties to the proceeding agree, in writing, to the filing of the originating application in another district—the other district; or if the application cannot be filed in a registry mentioned in paragraph (a) —any central Magistrates Court registry. Under the Child Protection Act , section 114 and the Adoption Act , section 240 , a magistrate constituting the Childrens Court may order that a proceeding be transferred to the court constituted by a magistrate at another place. (sec.11-ssec.2) However, an originating application must be filed in accordance with any requirement stated in a practice direction of the Chief Magistrate relating to the filing of the application in— a particular registry of a Magistrates Court; or a registry of a Magistrates Court of a particular district. (sec.11-ssec.3) In this rule— central Magistrates Court registry means the registry of a Magistrates Court at Brisbane, Rockhampton, Townsville or Cairns. Chief Magistrate means a District Court judge or magistrate who is appointed as the Chief Magistrate under the Magistrates Act 1991 , section 5 (6) . district means a district of a Magistrates Court mentioned in the Justices Regulation 2014 , schedule 1 .
An originating application for a proceeding must— be in the approved form for the proceeding; and state the provision of the Act under which the originating application is brought; and name the applicant; and state the decision the applicant is seeking; and name as respondents all persons directly affected by the decision the applicant is seeking; and state the grounds of the application; and state a postal address and contact telephone number for the applicant; and be drafted in plain English; and be as brief as the nature of the proceeding permits; and contain a statement of all the material facts on which the applicant relies but not the evidence by which the facts are to be proved; and be consecutively numbered on each page; and be divided into consecutively numbered paragraphs and, if necessary, subparagraphs. For notices of appeal, see also rule 123 . An originating application for a proceeding may contain an email address or facsimile number for the applicant. A failure to comply with subrule (1) does not invalidate the originating application. r 12 amd 2024 SL No. 76 s 11 (sec.12-ssec.1) An originating application for a proceeding must— be in the approved form for the proceeding; and state the provision of the Act under which the originating application is brought; and name the applicant; and state the decision the applicant is seeking; and name as respondents all persons directly affected by the decision the applicant is seeking; and state the grounds of the application; and state a postal address and contact telephone number for the applicant; and be drafted in plain English; and be as brief as the nature of the proceeding permits; and contain a statement of all the material facts on which the applicant relies but not the evidence by which the facts are to be proved; and be consecutively numbered on each page; and be divided into consecutively numbered paragraphs and, if necessary, subparagraphs. For notices of appeal, see also rule 123 . (sec.12-ssec.2) An originating application for a proceeding may contain an email address or facsimile number for the applicant. (sec.12-ssec.3) A failure to comply with subrule (1) does not invalidate the originating application.
Subrule (2) applies in relation to an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 44 or 55 by an eligible person for a child. The originating application for the acknowledgement of sex proceeding may include an application for any order or relief that could otherwise be made or granted by the court on an application in the proceeding. Subrule (4) applies in relation to an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child. The originating application for the acknowledgement of sex proceeding may include an application for— an order under the Births, Deaths and Marriages Registration Act 2023 , section 46 (2) or 57 (2) dispensing with the requirement to serve a copy of the originating application on 1 or more of the respondents; or any other order or relief that could otherwise be made or granted by the court on an application in the proceeding. See part 7 , division 2 in relation to applications in proceedings. r 12A ins 2024 SL No. 76 s 12 (sec.12A-ssec.1) Subrule (2) applies in relation to an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 44 or 55 by an eligible person for a child. (sec.12A-ssec.2) The originating application for the acknowledgement of sex proceeding may include an application for any order or relief that could otherwise be made or granted by the court on an application in the proceeding. (sec.12A-ssec.3) Subrule (4) applies in relation to an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child. (sec.12A-ssec.4) The originating application for the acknowledgement of sex proceeding may include an application for— an order under the Births, Deaths and Marriages Registration Act 2023 , section 46 (2) or 57 (2) dispensing with the requirement to serve a copy of the originating application on 1 or more of the respondents; or any other order or relief that could otherwise be made or granted by the court on an application in the proceeding.
This rule applies if a child protection proceeding is started. The litigation director must file an affidavit that exhibits the following documents— an assessment, carried out by the chief executive (child protection), of whether the child the subject of the application is in need of protection and that formed the basis for filing the application, including the outcome of that assessment; an assessment of the most recent strengths and needs of the child and the child’s parents; documents relating to the most recently completed family group meeting for the child, including a case plan if a plan was developed at the meeting; previous applications or orders made for the child under the Child Protection Act , including court assessment orders and temporary assessment orders; referral to an external agency that provides support to the child’s family, or a member of the child’s family; Queensland Health, a domestic and family violence service any independent assessment or report about the child or a parent of the child; the child’s birth certificate; any child protection history report, criminal history, domestic violence history or traffic history of a person relevant to the proceeding. However, the documents must be filed only if— the document is in the possession or control of the chief executive (child protection); and the document is relevant to the proceeding. The affidavit must be filed— at the same time as the child protection application is filed; or if it is not practicable to comply with paragraph (a) — within the period stated in a practice direction; or by a day the court directs the document is to be filed; or if subparagraphs (i) and (ii) do not apply—within 10 business days after the first appearance for the proceeding. In this rule— child protection history report , of a person, means a report made by the chief executive (child protection) of the history of the interactions between the person and the department (child protection) concerning a matter under the Child Protection Act , including details about any court appearances. department (child protection) means the department in which the Child Protection Act is administered. r 13 amd 2024 SL No. 76 s 14 (sec.13-ssec.1) This rule applies if a child protection proceeding is started. (sec.13-ssec.2) The litigation director must file an affidavit that exhibits the following documents— an assessment, carried out by the chief executive (child protection), of whether the child the subject of the application is in need of protection and that formed the basis for filing the application, including the outcome of that assessment; an assessment of the most recent strengths and needs of the child and the child’s parents; documents relating to the most recently completed family group meeting for the child, including a case plan if a plan was developed at the meeting; previous applications or orders made for the child under the Child Protection Act , including court assessment orders and temporary assessment orders; referral to an external agency that provides support to the child’s family, or a member of the child’s family; Queensland Health, a domestic and family violence service any independent assessment or report about the child or a parent of the child; the child’s birth certificate; any child protection history report, criminal history, domestic violence history or traffic history of a person relevant to the proceeding. (sec.13-ssec.3) However, the documents must be filed only if— the document is in the possession or control of the chief executive (child protection); and the document is relevant to the proceeding. (sec.13-ssec.4) The affidavit must be filed— at the same time as the child protection application is filed; or if it is not practicable to comply with paragraph (a) — within the period stated in a practice direction; or by a day the court directs the document is to be filed; or if subparagraphs (i) and (ii) do not apply—within 10 business days after the first appearance for the proceeding. (sec.13-ssec.5) In this rule— child protection history report , of a person, means a report made by the chief executive (child protection) of the history of the interactions between the person and the department (child protection) concerning a matter under the Child Protection Act , including details about any court appearances. department (child protection) means the department in which the Child Protection Act is administered.
This rule applies if a child protection application for an Aboriginal or Torres Strait Islander child is filed. If the application is for a child protection order, the litigation director must, as soon as practicable after filing the application, file a document stating the name and contact details of the independent Aboriginal or Torres Strait Islander entities for the child, if any, to the extent the information is known to the director when the document is filed. If the application is for a court assessment order, the chief executive (child protection) must, as soon as practicable after filing the application or receiving notice of its filing, file a document stating the name and contact details of the independent Aboriginal or Torres Strait Islander entities for the child, if any. r 14 amd 2018 SL No. 165 s 5 (sec.14-ssec.1) This rule applies if a child protection application for an Aboriginal or Torres Strait Islander child is filed. (sec.14-ssec.2) If the application is for a child protection order, the litigation director must, as soon as practicable after filing the application, file a document stating the name and contact details of the independent Aboriginal or Torres Strait Islander entities for the child, if any, to the extent the information is known to the director when the document is filed. (sec.14-ssec.3) If the application is for a court assessment order, the chief executive (child protection) must, as soon as practicable after filing the application or receiving notice of its filing, file a document stating the name and contact details of the independent Aboriginal or Torres Strait Islander entities for the child, if any.
This rule applies if an acknowledgement of sex proceeding is started. Each of the following documents must be filed with the originating application for the acknowledgement of sex proceeding— the birth certificate for the child the subject of the application; if the child or a member of the child’s family is named in a domestic violence order or police protection direction—a copy of the domestic violence order or police protection direction; any other document relevant to the proceeding. an order of a court, or an agreement registered or approved, under the Family Law Act 1975 (Cwlth) relating to the child a relevant child protection order for the child In this rule— domestic violence order means— a domestic violence order under the Domestic and Family Violence Protection Act 2012 ; or an interstate order, or a registered New Zealand order, under part 6 of that Act. police protection direction means a police protection direction under the Domestic and Family Violence Protection Act 2012 . r 14A ins 2024 SL No. 76 s 15 amd 2025 SL No. 129 s 10 (sec.14A-ssec.1) This rule applies if an acknowledgement of sex proceeding is started. (sec.14A-ssec.2) Each of the following documents must be filed with the originating application for the acknowledgement of sex proceeding— the birth certificate for the child the subject of the application; if the child or a member of the child’s family is named in a domestic violence order or police protection direction—a copy of the domestic violence order or police protection direction; any other document relevant to the proceeding. an order of a court, or an agreement registered or approved, under the Family Law Act 1975 (Cwlth) relating to the child a relevant child protection order for the child (sec.14A-ssec.3) In this rule— domestic violence order means— a domestic violence order under the Domestic and Family Violence Protection Act 2012 ; or an interstate order, or a registered New Zealand order, under part 6 of that Act. police protection direction means a police protection direction under the Domestic and Family Violence Protection Act 2012 .
This part explains how— a document may be filed in the court; and the court may make or issue a document electronically.
A document may be filed— by delivering it to the registry personally; or by sending it to the registry by post; or electronically, including by fax or email. If a document is filed electronically under subrule (1) (c) , the person filing the document must— keep a paper copy of the document; and if the court directs the person to give the paper copy of the document to the court—give the court the paper copy. A document filed electronically at the registry— has the same status as a document filed personally or by post; and is taken for all purposes to be a document in a court file; and if a person may inspect a filed document under an Act or these rules—may be inspected in either electronic or paper form, at the discretion of the registrar. (sec.16-ssec.1) A document may be filed— by delivering it to the registry personally; or by sending it to the registry by post; or electronically, including by fax or email. (sec.16-ssec.2) If a document is filed electronically under subrule (1) (c) , the person filing the document must— keep a paper copy of the document; and if the court directs the person to give the paper copy of the document to the court—give the court the paper copy. (sec.16-ssec.3) A document filed electronically at the registry— has the same status as a document filed personally or by post; and is taken for all purposes to be a document in a court file; and if a person may inspect a filed document under an Act or these rules—may be inspected in either electronic or paper form, at the discretion of the registrar.
A document is taken to be filed when the registrar— stamps the court’s seal and the date of filing on the front of the document and each copy of the document that accompanied it; and if the document is a child protection application, an Adoption Act application or an acknowledgement of sex application—notes on the application the date, time and place for hearing the application. A document filed electronically, if accepted by the registrar, is taken to have been filed— if the whole of the document is received by the registry before 4:30pm on a day the registry is open for business—on that day; or otherwise—on the next day the registry is open for business. In this rule— stamp , for a document that is filed electronically, includes electronically stamp. r 17 amd 2024 SL No. 76 s 16 (sec.17-ssec.1) A document is taken to be filed when the registrar— stamps the court’s seal and the date of filing on the front of the document and each copy of the document that accompanied it; and if the document is a child protection application, an Adoption Act application or an acknowledgement of sex application—notes on the application the date, time and place for hearing the application. (sec.17-ssec.2) A document filed electronically, if accepted by the registrar, is taken to have been filed— if the whole of the document is received by the registry before 4:30pm on a day the registry is open for business—on that day; or otherwise—on the next day the registry is open for business. (sec.17-ssec.3) In this rule— stamp , for a document that is filed electronically, includes electronically stamp.
A document filed in the court must include the address for service of the person filing it.
If a document filed in the court is written in a language other than English, a certified translation of the document must also be filed. In this rule— certified translation , of a document, means a translation of the document into English by a translator whose certification states— that the translation is correct; and the translator’s accreditation or qualifications for making the translation. r 18A ins 2024 SL No. 76 s 17 (sec.18A-ssec.1) If a document filed in the court is written in a language other than English, a certified translation of the document must also be filed. (sec.18A-ssec.2) In this rule— certified translation , of a document, means a translation of the document into English by a translator whose certification states— that the translation is correct; and the translator’s accreditation or qualifications for making the translation.
The court may make or issue a document electronically. If the court makes or issues a document electronically, the registrar must electronically stamp the court’s seal on the front of the document. (sec.19-ssec.1) The court may make or issue a document electronically. (sec.19-ssec.2) If the court makes or issues a document electronically, the registrar must electronically stamp the court’s seal on the front of the document.
This part explains how— a person in a proceeding is to tell the court and the other parties where a document can be given or served on the person in a proceeding; and a document is to be served or given in a proceeding; and a guardian is to be served.
As soon as practicable after a person is served with a child protection application, an Adoption Act application or an acknowledgement of sex application, the person must file and serve a notice of address for service in the approved form. However, the child the subject of a child protection application is not required to file and serve a notice of address for service unless the child wishes to participate in the proceeding. As soon as practicable after a person is served with a notice of appeal, the person must, if the person wishes to participate in the appeal, file and serve a notice of address for service in the approved form. A party to a proceeding must file and serve a notice of any change in the party’s address for service as soon as practicable after the change. r 21 amd 2024 SL No. 76 s 18 (sec.21-ssec.1) As soon as practicable after a person is served with a child protection application, an Adoption Act application or an acknowledgement of sex application, the person must file and serve a notice of address for service in the approved form. (sec.21-ssec.2) However, the child the subject of a child protection application is not required to file and serve a notice of address for service unless the child wishes to participate in the proceeding. (sec.21-ssec.3) As soon as practicable after a person is served with a notice of appeal, the person must, if the person wishes to participate in the appeal, file and serve a notice of address for service in the approved form. (sec.21-ssec.4) A party to a proceeding must file and serve a notice of any change in the party’s address for service as soon as practicable after the change.
If the public guardian has given written notice of an intention to appear in a proceeding under the Child Protection Act , section 108B (2) , the public guardian must file and serve on the participants in the proceeding a notice of address for service in the approved form stating— the public guardian is appearing in the proceeding under the Child Protection Act , section 108B ; and the public guardian’s role in the proceeding under the Child Protection Act , section 108C . The public guardian must file and serve a notice of any change in the guardian’s address for service. (sec.22-ssec.1) If the public guardian has given written notice of an intention to appear in a proceeding under the Child Protection Act , section 108B (2) , the public guardian must file and serve on the participants in the proceeding a notice of address for service in the approved form stating— the public guardian is appearing in the proceeding under the Child Protection Act , section 108B ; and the public guardian’s role in the proceeding under the Child Protection Act , section 108C . (sec.22-ssec.2) The public guardian must file and serve a notice of any change in the guardian’s address for service.
This rule applies if— a person with impaired capacity for a matter relating to a proceeding is a party to the proceeding; and the person with impaired capacity has a guardian for the matter relating to the proceeding. The guardian must file and serve a notice of address for service in the approved form as soon as the guardian becomes aware of the proceeding. the guardian is not a party to the proceeding However, if the proceeding is an appeal, the guardian must file and serve a notice of address for service only if the guardian wishes to participate in the appeal. The guardian must file and serve a notice of any change in the guardian’s address for service. (sec.23-ssec.1) This rule applies if— a person with impaired capacity for a matter relating to a proceeding is a party to the proceeding; and the person with impaired capacity has a guardian for the matter relating to the proceeding. (sec.23-ssec.2) The guardian must file and serve a notice of address for service in the approved form as soon as the guardian becomes aware of the proceeding. the guardian is not a party to the proceeding (sec.23-ssec.3) However, if the proceeding is an appeal, the guardian must file and serve a notice of address for service only if the guardian wishes to participate in the appeal. (sec.23-ssec.4) The guardian must file and serve a notice of any change in the guardian’s address for service.
If Legal Aid Queensland allocates a lawyer under rule 41 (a) to represent a child the subject of a proceeding under the Child Protection Act , section 110 or the Adoption Act , section 235 , the lawyer must file— a notice of address for service; and if there is a change in the lawyer’s address for service—a notice of the change in the address for service.
A party filing a document in the court for a proceeding must serve a copy of the document on each other party to the proceeding. See the Births, Deaths and Marriages Registration Act 2023 , section 71 for who is a party to an acknowledgement of sex proceeding. See rule 31 and the Births, Deaths and Marriages Registration Act 2023 , sections 46 , 57 and 63 for when the court may dispense with the requirement to serve particular documents. However, the child who is the subject of a proceeding must not be served with a copy of a filed document for a proceeding unless— if the proceeding is a CAO proceeding or child protection proceeding—the child is a participating child for the proceeding; or the court orders that the child is to be served with the copy; or an Act requires the child be served with the copy. Without limiting subrule (2) , subrule (1) applies only to the extent permitted by this division or an Act. r 25 amd 2024 SL No. 76 s 19 (sec.25-ssec.1) A party filing a document in the court for a proceeding must serve a copy of the document on each other party to the proceeding. See the Births, Deaths and Marriages Registration Act 2023 , section 71 for who is a party to an acknowledgement of sex proceeding. See rule 31 and the Births, Deaths and Marriages Registration Act 2023 , sections 46 , 57 and 63 for when the court may dispense with the requirement to serve particular documents. (sec.25-ssec.2) However, the child who is the subject of a proceeding must not be served with a copy of a filed document for a proceeding unless— if the proceeding is a CAO proceeding or child protection proceeding—the child is a participating child for the proceeding; or the court orders that the child is to be served with the copy; or an Act requires the child be served with the copy. (sec.25-ssec.3) Without limiting subrule (2) , subrule (1) applies only to the extent permitted by this division or an Act.
This rule applies to a document filed in the court if— the document relates to a court event; and an Act, these rules, a practice direction or a court direction requires the document to be served on a person. The document must be served on the person as soon as practicable after the document has been filed but, in any event, at least 3 business days before the day set for the court event. In this rule— court event means— an appearance before the court; or a hearing or part of a hearing; or a court ordered conference. (sec.26-ssec.1) This rule applies to a document filed in the court if— the document relates to a court event; and an Act, these rules, a practice direction or a court direction requires the document to be served on a person. (sec.26-ssec.2) The document must be served on the person as soon as practicable after the document has been filed but, in any event, at least 3 business days before the day set for the court event. (sec.26-ssec.3) In this rule— court event means— an appearance before the court; or a hearing or part of a hearing; or a court ordered conference.
This rule applies to a requirement to serve a document on a person, unless the document must be personally served on the person. Personal service is required under the Child Protection Act , sections 41 , 56 and 227 . If a person is represented by a lawyer in a proceeding for which the document is being served, the document must be served on the person— by giving it personally to the person’s lawyer; or by sending it by post to the address of the lawyer’s place of business; or if the lawyer for the person has— a fax number—by faxing it to the person at that number; or an email address—by emailing it to the person at that address; or by leaving it with someone who— is at the address of the lawyer’s place of business; and is apparently an adult and apparently employed there; or if the court approves another electronic method to send a document and the person’s lawyer has an address for service using that method—by transmitting it electronically to the lawyer at that address; or in another way ordered by the court. If a person is not represented by a lawyer in a proceeding for which the document is being served, a document must be served on a person in 1 of the following ways— by personally serving the document on the person under rule 28 ; by sending it by post to the person’s relevant address; if the person provides— a fax number—by faxing it to the person at that number; or an email address—by emailing it to the person at that address; by leaving it with someone who— is at the person’s relevant address; and is apparently an adult and apparently residing or employed there; if the court approves another electronic method to send a document and the person has an address for service using that method—by transmitting it electronically to the person at that address; in another way ordered by the court. However, if a person serves a document on another person under subrule (2) (d) , the person must also give the document personally to the other person at the next reasonable opportunity. at the next appearance in the proceeding In this rule— relevant address , for serving a document on a person, means— the address for the person stated in the person’s notice of address for service; or if the person does not have an address for service or no longer resides at that address—the person’s last known residential address. (sec.27-ssec.1) This rule applies to a requirement to serve a document on a person, unless the document must be personally served on the person. Personal service is required under the Child Protection Act , sections 41 , 56 and 227 . (sec.27-ssec.2) If a person is represented by a lawyer in a proceeding for which the document is being served, the document must be served on the person— by giving it personally to the person’s lawyer; or by sending it by post to the address of the lawyer’s place of business; or if the lawyer for the person has— a fax number—by faxing it to the person at that number; or an email address—by emailing it to the person at that address; or by leaving it with someone who— is at the address of the lawyer’s place of business; and is apparently an adult and apparently employed there; or if the court approves another electronic method to send a document and the person’s lawyer has an address for service using that method—by transmitting it electronically to the lawyer at that address; or in another way ordered by the court. (sec.27-ssec.3) If a person is not represented by a lawyer in a proceeding for which the document is being served, a document must be served on a person in 1 of the following ways— by personally serving the document on the person under rule 28 ; by sending it by post to the person’s relevant address; if the person provides— a fax number—by faxing it to the person at that number; or an email address—by emailing it to the person at that address; by leaving it with someone who— is at the person’s relevant address; and is apparently an adult and apparently residing or employed there; if the court approves another electronic method to send a document and the person has an address for service using that method—by transmitting it electronically to the person at that address; in another way ordered by the court. (sec.27-ssec.4) However, if a person serves a document on another person under subrule (2) (d) , the person must also give the document personally to the other person at the next reasonable opportunity. at the next appearance in the proceeding (sec.27-ssec.5) In this rule— relevant address , for serving a document on a person, means— the address for the person stated in the person’s notice of address for service; or if the person does not have an address for service or no longer resides at that address—the person’s last known residential address.
To serve a document personally, the person serving it must— give the document, or a copy of the document, to the person to be served; and tell the person to be served what the document is. However, if the person does not accept the document or copy, the person serving it may serve it by putting it down in the person’s presence and telling the person what it is. It is not necessary to show to the person served the original of the document. (sec.28-ssec.1) To serve a document personally, the person serving it must— give the document, or a copy of the document, to the person to be served; and tell the person to be served what the document is. (sec.28-ssec.2) However, if the person does not accept the document or copy, the person serving it may serve it by putting it down in the person’s presence and telling the person what it is. (sec.28-ssec.3) It is not necessary to show to the person served the original of the document.
The court may, on application by a person required to serve a document, make an order substituting another way of serving the document if, for any reason, it is impracticable to serve a document in a way provided under an Act or these rules. An application under subrule (1) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. The court order may include— the steps to be taken for bringing the document to the attention of the person to be served with the document; and that the document is to be taken to have been served on the happening of a stated event or at the end of a stated period. The court may make an order under this rule even though the person to be served with the document is not in Queensland or was not in Queensland when the proceeding started. (sec.29-ssec.1) The court may, on application by a person required to serve a document, make an order substituting another way of serving the document if, for any reason, it is impracticable to serve a document in a way provided under an Act or these rules. (sec.29-ssec.2) An application under subrule (1) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. (sec.29-ssec.3) The court order may include— the steps to be taken for bringing the document to the attention of the person to be served with the document; and that the document is to be taken to have been served on the happening of a stated event or at the end of a stated period. (sec.29-ssec.4) The court may make an order under this rule even though the person to be served with the document is not in Queensland or was not in Queensland when the proceeding started.
This rule applies if— for any reason, a document is not served in a way provided in an Act or these rules but the document or a copy of it came into the possession of the person who was to be served with the document; and the court is satisfied on evidence before it that the document came into the person’s possession on or before a particular day. The court may make an order that the person is taken to have been served under the Act or these rules with the document on the day it came into the person’s possession or a later day stated in the order. (sec.30-ssec.1) This rule applies if— for any reason, a document is not served in a way provided in an Act or these rules but the document or a copy of it came into the possession of the person who was to be served with the document; and the court is satisfied on evidence before it that the document came into the person’s possession on or before a particular day. (sec.30-ssec.2) The court may make an order that the person is taken to have been served under the Act or these rules with the document on the day it came into the person’s possession or a later day stated in the order.
This rule applies to a requirement to serve a document, other than a document required to be personally served under an Act. The court may decide to— dispense with the requirement; or The court may decide to dispense with the requirement to serve a document if a reasonable attempt to locate the person required to be served has been made and the person can not be found. limit or alter the requirement, including by— identifying the parts of the document that must be served; or imposing conditions about the service. requiring the document to be served on a party’s lawyer requiring the document to be redacted in a particular way before it is served In making a decision under subrule (2) about a document to be served on a child, the court must consider whether it is appropriate for the child to be served a particular document in the absence of a decision under subrule (2) , having regard to the child’s age and ability to understand the document. The court may, at any time, give leave to a party to a proceeding to use a document required to be served under these rules that has not been served or that was served later than the time specified for service of the document. In making a decision under subrule (2) or (4) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person. r 31 amd 2024 SL No. 76 s 20 (sec.31-ssec.1) This rule applies to a requirement to serve a document, other than a document required to be personally served under an Act. (sec.31-ssec.2) The court may decide to— dispense with the requirement; or The court may decide to dispense with the requirement to serve a document if a reasonable attempt to locate the person required to be served has been made and the person can not be found. limit or alter the requirement, including by— identifying the parts of the document that must be served; or imposing conditions about the service. requiring the document to be served on a party’s lawyer requiring the document to be redacted in a particular way before it is served (sec.31-ssec.3) In making a decision under subrule (2) about a document to be served on a child, the court must consider whether it is appropriate for the child to be served a particular document in the absence of a decision under subrule (2) , having regard to the child’s age and ability to understand the document. (sec.31-ssec.4) The court may, at any time, give leave to a party to a proceeding to use a document required to be served under these rules that has not been served or that was served later than the time specified for service of the document. (sec.31-ssec.5) In making a decision under subrule (2) or (4) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person.
Service of a document may be proved by an affidavit of service of the document filed in the court. The affidavit— for an affidavit of personal service—must be made by the person who served the document and include the following— the person’s full name; the time, day and date the document was served; the place of service; the name of the person served and how the person was identified; or otherwise— must state the dates and facts showing service; and may be made on information given to, or the belief of, the person causing the service; and if made on information given to the person—must state the source of the information. The affidavit of service of the document must— have the document filed with it as an exhibit or be written on the document; or if the document has been filed—mention the document in a way sufficient to enable the document to be identified. Nothing in this rule prevents the proving of service in another way. (sec.32-ssec.1) Service of a document may be proved by an affidavit of service of the document filed in the court. (sec.32-ssec.2) The affidavit— for an affidavit of personal service—must be made by the person who served the document and include the following— the person’s full name; the time, day and date the document was served; the place of service; the name of the person served and how the person was identified; or otherwise— must state the dates and facts showing service; and may be made on information given to, or the belief of, the person causing the service; and if made on information given to the person—must state the source of the information. (sec.32-ssec.3) The affidavit of service of the document must— have the document filed with it as an exhibit or be written on the document; or if the document has been filed—mention the document in a way sufficient to enable the document to be identified. (sec.32-ssec.4) Nothing in this rule prevents the proving of service in another way.
This rule applies to a person if— the person is required to serve a child protection application, an Adoption Act application or an acknowledgement of sex application on another person; and the person knows, or reasonably believes, that the person to be served— is a person with impaired capacity for a matter; or has a guardian. If the person does not know whether the person to be served has a guardian for a matter, the person must make a reasonable attempt to find out whether the person to be served has a guardian for a matter. contacting the QCAT registry to find out if QCAT has appointed a guardian The chief executive may make an application to QCAT for an order appointing a guardian for a matter of dispensation under the Adoption Act , section 30 . If the person is aware, because of the attempt made under subrule (2) or otherwise, that the person to be served has a guardian for a matter, the person must serve the application on the guardian. r 33 amd 2024 SL No. 76 s 21 (sec.33-ssec.1) This rule applies to a person if— the person is required to serve a child protection application, an Adoption Act application or an acknowledgement of sex application on another person; and the person knows, or reasonably believes, that the person to be served— is a person with impaired capacity for a matter; or has a guardian. (sec.33-ssec.2) If the person does not know whether the person to be served has a guardian for a matter, the person must make a reasonable attempt to find out whether the person to be served has a guardian for a matter. contacting the QCAT registry to find out if QCAT has appointed a guardian The chief executive may make an application to QCAT for an order appointing a guardian for a matter of dispensation under the Adoption Act , section 30 . (sec.33-ssec.3) If the person is aware, because of the attempt made under subrule (2) or otherwise, that the person to be served has a guardian for a matter, the person must serve the application on the guardian.
This rule applies if a guardian files a notice of address for service under rule 23 in a proceeding. A person who is required to serve a document on a party to the proceeding must also serve the document on the guardian. (sec.34-ssec.1) This rule applies if a guardian files a notice of address for service under rule 23 in a proceeding. (sec.34-ssec.2) A person who is required to serve a document on a party to the proceeding must also serve the document on the guardian.
This part explains— who is a participant in a CAO proceeding or child protection proceeding; and how these rules apply to particular participants in a CAO proceeding or child protection proceeding; and particular requirements that apply if the court makes an order that a child be represented by a lawyer in a CAO proceeding or a child protection proceeding under the Child Protection Act , section 110 or an adoption proceeding under the Adoption Act , section 235 ; and the making of orders and issuing of directions in relation to a child’s participation in a CAO proceeding, child protection proceeding, adoption proceeding or acknowledgement of sex proceeding; and how a participant may attend an appearance in a proceeding electronically; and how the court is to hear, in a CAO proceeding or child protection proceeding, the views of the following entities for an Aboriginal or Torres Strait Islander child— an independent Aboriginal or Torres Strait Islander entity for the child; a member of the child’s family. r 35 amd 2018 SL No. 165 s 7 ; 2024 SL No. 76 s 23
Each of the following is a participant in a CAO proceeding or child protection proceeding— a party to the proceeding; a separate representative for the child the subject of the proceeding; a person who is not a party, if the court has, by order, allowed the person to take part in the proceeding under the Child Protection Act , section 113 ; if a guardian of a party has filed a notice of address for service under rule 23 —the guardian; if the public guardian has given written notice of an intention to appear in the proceeding under the Child Protection Act , section 108B (2) —the public guardian. r 36 amd 2018 SL No. 165 s 8
If a child the subject of a child protection proceeding has a separate representative, these rules apply to the separate representative to the same extent they would apply to a party. The Child Protection Act , section 110 (6) states the status of a lawyer who separately represents a child in the proceeding.
If the court makes an order under the Child Protection Act , section 113 allowing a person who is not a party to take part in a CAO proceeding or child protection proceeding, these rules apply to the person to the extent necessary to give effect to the order. See the Child Protection Act , section 113 (2) and (4) .
If the public guardian has given written notice of an intention to appear in a CAO proceeding or child protection proceeding under the Child Protection Act , section 108B (2) , a reference in these rules to a party in the proceeding is taken to include a reference to the public guardian— unless the contrary intention appears or the context requires otherwise; and to the extent necessary for the public guardian to perform the guardian’s role in the proceeding under the Child Protection Act , section 108C .
This rule applies if the court makes an order under the Child Protection Act , section 110 or the Adoption Act , section 235 that a child be represented by a lawyer in a proceeding. The registrar must serve a copy of the order and all material filed in the court on Legal Aid Queensland as soon as practicable after the order is made. (sec.40-ssec.1) This rule applies if the court makes an order under the Child Protection Act , section 110 or the Adoption Act , section 235 that a child be represented by a lawyer in a proceeding. (sec.40-ssec.2) The registrar must serve a copy of the order and all material filed in the court on Legal Aid Queensland as soon as practicable after the order is made.
Legal Aid Queensland must, as soon as practicable after receiving a copy of an order under rule 40 , file— if Legal Aid Queensland allocates a lawyer to represent a child the subject of a proceeding under the Child Protection Act , section 110 or the Adoption Act , section 235 —a document stating the lawyer’s name and contact details; or the lawyer must file a notice of address for service under rule 24 if Legal Aid Queensland does not allocate a lawyer to represent a child the subject of a proceeding under the Child Protection Act , section 110 or the Adoption Act , section 235 —a document stating the decision not to make an allocation and the reasons for the decision.
This rule applies in relation to a child who— is the subject of a CAO proceeding, child protection proceeding or adoption proceeding; or starts an acknowledgement of sex proceeding by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 , or is otherwise the subject of an acknowledgement of sex proceeding. The court may make an order or issue a direction to assist the child to participate in the proceeding, including, for example, a direction that— the child may have a person nearby during all or part of an appearance in the proceeding to support the child; or support of an Aboriginal or Torres Strait Islander child provided by an appropriate person in accordance with Aboriginal tradition or Island custom the child may appear at an appearance in a particular way; or service on the child under rule 31 is to occur in a particular way; or there is a requirement that something be done to assist a child to understand and participate in the proceeding. See the Child Protection Act , section 106 and the Births, Deaths and Marriages Registration Act 2023 , section 73 for the court’s duty to ensure that parties understand the nature, purpose and legal implications of the proceeding. See also rule 67 (2) (c) for the court’s power to issue directions in relation to a child protection proceeding. In making a decision under subrule (2) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person; and for an acknowledgement of sex proceeding started by a child as mentioned in subrule (1) (b) — the child’s age; and whether the child is legally represented. r 42 amd 2024 SL No. 76 s 24 (sec.42-ssec.1) This rule applies in relation to a child who— is the subject of a CAO proceeding, child protection proceeding or adoption proceeding; or starts an acknowledgement of sex proceeding by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 , or is otherwise the subject of an acknowledgement of sex proceeding. (sec.42-ssec.2) The court may make an order or issue a direction to assist the child to participate in the proceeding, including, for example, a direction that— the child may have a person nearby during all or part of an appearance in the proceeding to support the child; or support of an Aboriginal or Torres Strait Islander child provided by an appropriate person in accordance with Aboriginal tradition or Island custom the child may appear at an appearance in a particular way; or service on the child under rule 31 is to occur in a particular way; or there is a requirement that something be done to assist a child to understand and participate in the proceeding. See the Child Protection Act , section 106 and the Births, Deaths and Marriages Registration Act 2023 , section 73 for the court’s duty to ensure that parties understand the nature, purpose and legal implications of the proceeding. See also rule 67 (2) (c) for the court’s power to issue directions in relation to a child protection proceeding. (sec.42-ssec.3) In making a decision under subrule (2) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person; and for an acknowledgement of sex proceeding started by a child as mentioned in subrule (1) (b) — the child’s age; and whether the child is legally represented.
This rule applies if the court is to hear from a child who is the subject of a CAO proceeding, child protection proceeding or adoption proceeding, other than when the child gives evidence. Part 8 , division 4 provides for the way a child is to give evidence. The Child Protection Act and the Adoption Act provide for the court to ascertain a child’s views and wishes in particular circumstances. See, for example, the Child Protection Act , section 59 (1) (d) and the Adoption Act , section 179 . For an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 76 in relation to how a child may be heard in the proceeding. The court may hear from a child in the way the court considers appropriate, including, for example, by— hearing from the child orally in court or another place or with the use of technology, including an audio visual link or audio link; or hearing from the child without the other participants being present; or receiving a document from the child; or receiving submissions by, or on behalf of, the child; or if a proceeding is a CAO proceeding or child protection proceeding—receiving submissions by a direct representative of the child or the public guardian; or if a proceeding is a child protection proceeding—receiving submissions by a separate representative of the child; or if the child is an Aboriginal or Torres Strait Islander child—receiving submissions from a person who may appropriately speak for the child in accordance with Aboriginal tradition or Island custom. In making a decision under this rule, the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person. r 43 amd 2024 SL No. 76 s 25 (sec.43-ssec.1) This rule applies if the court is to hear from a child who is the subject of a CAO proceeding, child protection proceeding or adoption proceeding, other than when the child gives evidence. Part 8 , division 4 provides for the way a child is to give evidence. The Child Protection Act and the Adoption Act provide for the court to ascertain a child’s views and wishes in particular circumstances. See, for example, the Child Protection Act , section 59 (1) (d) and the Adoption Act , section 179 . For an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 76 in relation to how a child may be heard in the proceeding. (sec.43-ssec.2) The court may hear from a child in the way the court considers appropriate, including, for example, by— hearing from the child orally in court or another place or with the use of technology, including an audio visual link or audio link; or hearing from the child without the other participants being present; or receiving a document from the child; or receiving submissions by, or on behalf of, the child; or if a proceeding is a CAO proceeding or child protection proceeding—receiving submissions by a direct representative of the child or the public guardian; or if a proceeding is a child protection proceeding—receiving submissions by a separate representative of the child; or if the child is an Aboriginal or Torres Strait Islander child—receiving submissions from a person who may appropriately speak for the child in accordance with Aboriginal tradition or Island custom. (sec.43-ssec.3) In making a decision under this rule, the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person.
The chief executive (child protection) must tell the child the subject of a CAO proceeding or child protection proceeding about significant orders and directions that occur in the proceeding, including a direction that a court ordered conference be held or an order under the Child Protection Act , section 110 that the child be represented by a lawyer in a proceeding. However, the chief executive must comply with subrule (1) only to the extent that— is reasonably practicable in the circumstances; and the chief executive reasonably considers is appropriate in the circumstances, having regard to the child’s age or ability to understand the matter. (sec.44-ssec.1) The chief executive (child protection) must tell the child the subject of a CAO proceeding or child protection proceeding about significant orders and directions that occur in the proceeding, including a direction that a court ordered conference be held or an order under the Child Protection Act , section 110 that the child be represented by a lawyer in a proceeding. (sec.44-ssec.2) However, the chief executive must comply with subrule (1) only to the extent that— is reasonably practicable in the circumstances; and the chief executive reasonably considers is appropriate in the circumstances, having regard to the child’s age or ability to understand the matter.
This rule applies if the public guardian may access and make copies of a document under the Child Protection Act , section 108D . The public guardian may request access to a document before the court in a CAO proceeding or child protection proceeding— if the public guardian needs to access documents urgently and the registrar consents to receiving the request in person—in person; or otherwise—in writing or electronically. The registrar may comply with the request by— allowing the public guardian personally to access and copy the documents; or if the public guardian requests a copy of the document—giving the copy by post or electronically. (sec.45-ssec.1) This rule applies if the public guardian may access and make copies of a document under the Child Protection Act , section 108D . (sec.45-ssec.2) The public guardian may request access to a document before the court in a CAO proceeding or child protection proceeding— if the public guardian needs to access documents urgently and the registrar consents to receiving the request in person—in person; or otherwise—in writing or electronically. (sec.45-ssec.3) The registrar may comply with the request by— allowing the public guardian personally to access and copy the documents; or if the public guardian requests a copy of the document—giving the copy by post or electronically.
This rule applies if the public guardian has given written notice of an intention to appear in a proceeding under the Child Protection Act , section 108B (2) . The court may direct that a document filed in the court that must be served on the other participants in the proceeding must also be served on the public guardian. (sec.46-ssec.1) This rule applies if the public guardian has given written notice of an intention to appear in a proceeding under the Child Protection Act , section 108B (2) . (sec.46-ssec.2) The court may direct that a document filed in the court that must be served on the other participants in the proceeding must also be served on the public guardian.
r 47 om 2018 SL No. 165 s 9
The court may, on its own initiative or on the application of a participant orally or in writing, direct that a participant (an appearing participant ) or a witness attend a future appearance for a CAO proceeding or child protection proceeding by audio visual link or audio link. See rule 64 (2) (j) in relation to how an appearance in an acknowledgement of sex proceeding is to happen. A written application under subrule (1) must— be filed in the court before the appearance; and state— how and when notice of the application has been given to the other participants to the proceeding; and whether any other participant objected to the application; and whether the appearing participant is aware of any issues in the proceeding that are likely to be contested between the parties during the appearance. An application under subrule (1) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. The court must, in considering whether to make the direction, have regard to— the distance the appearing participant or witness would have to travel to attend the place where the appearance is to be held; and any other practicality that would make it difficult for the appearing participant or witness to attend the appearance in person. r 48 amd 2018 SL No. 165 s 10 ; 2024 SL No. 76 s 26 (sec.48-ssec.1) The court may, on its own initiative or on the application of a participant orally or in writing, direct that a participant (an appearing participant ) or a witness attend a future appearance for a CAO proceeding or child protection proceeding by audio visual link or audio link. See rule 64 (2) (j) in relation to how an appearance in an acknowledgement of sex proceeding is to happen. (sec.48-ssec.2) A written application under subrule (1) must— be filed in the court before the appearance; and state— how and when notice of the application has been given to the other participants to the proceeding; and whether any other participant objected to the application; and whether the appearing participant is aware of any issues in the proceeding that are likely to be contested between the parties during the appearance. (sec.48-ssec.3) An application under subrule (1) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. (sec.48-ssec.4) The court must, in considering whether to make the direction, have regard to— the distance the appearing participant or witness would have to travel to attend the place where the appearance is to be held; and any other practicality that would make it difficult for the appearing participant or witness to attend the appearance in person.
Every act required or permitted to be done by a participant in the conduct of a proceeding in the court may be done by the participant’s lawyer. However, subrule (1) does not apply to a document that must be signed by a participant. an affidavit (sec.49-ssec.1) Every act required or permitted to be done by a participant in the conduct of a proceeding in the court may be done by the participant’s lawyer. (sec.49-ssec.2) However, subrule (1) does not apply to a document that must be signed by a participant. an affidavit
This rule applies if— the child the subject of a CAO proceeding or child protection proceeding is an Aboriginal or Torres Strait Islander child; and at an appearance in the proceeding, any of the following entities is to express the entity’s views about Aboriginal tradition or Island custom relating to the child— an independent Aboriginal or Torres Strait Islander entity for the child; a member of the child’s family. The entity may express the views orally or in writing. See the Child Protection Act , section 6AB for the matters to which the court must have regard when exercising a power under that Act in relation to an Aboriginal or Torres Strait Islander child. r 49A ins 2018 SL No. 165 s 11 (sec.49A-ssec.1) This rule applies if— the child the subject of a CAO proceeding or child protection proceeding is an Aboriginal or Torres Strait Islander child; and at an appearance in the proceeding, any of the following entities is to express the entity’s views about Aboriginal tradition or Island custom relating to the child— an independent Aboriginal or Torres Strait Islander entity for the child; a member of the child’s family. (sec.49A-ssec.2) The entity may express the views orally or in writing. See the Child Protection Act , section 6AB for the matters to which the court must have regard when exercising a power under that Act in relation to an Aboriginal or Torres Strait Islander child.
This part explains— the litigation director’s obligations to file and serve a disclosure form; and when and how the litigation director is to comply with the director’s duty of disclosure in relation to a child protection proceeding under the Child Protection Act , section 189C ; and the litigation director’s obligation to file a document stating that the duty of disclosure has been complied with; and the matters relevant for an application for an order of the disclosure of a document or information under the Child Protection Act , section 191 .
A disclosure form is a document to be filed in the court and served in a child protection proceeding that— lists the classes of document relevant to the proceeding that are usually in the possession or control of the chief executive (child protection); and may list any document or other class of document in the possession or control of the litigation director that is relevant to the proceeding; and states that— the disclosure form is given in accordance with the litigation director’s duty to disclose documents under the Child Protection Act , section 189C ; and the litigation director may, under the Child Protection Act , section 191 (2) , refuse to disclose a document. Also, a disclosure form — may list the documents the litigation director refuses to disclose on a ground mentioned in the Child Protection Act , section 191 (2) ; and for any documents listed as mentioned in paragraph (a) —must state the information required to be given to the party under the Child Protection Act , section 189C (5) about the documents. (sec.51-ssec.1) A disclosure form is a document to be filed in the court and served in a child protection proceeding that— lists the classes of document relevant to the proceeding that are usually in the possession or control of the chief executive (child protection); and may list any document or other class of document in the possession or control of the litigation director that is relevant to the proceeding; and states that— the disclosure form is given in accordance with the litigation director’s duty to disclose documents under the Child Protection Act , section 189C ; and the litigation director may, under the Child Protection Act , section 191 (2) , refuse to disclose a document. (sec.51-ssec.2) Also, a disclosure form — may list the documents the litigation director refuses to disclose on a ground mentioned in the Child Protection Act , section 191 (2) ; and for any documents listed as mentioned in paragraph (a) —must state the information required to be given to the party under the Child Protection Act , section 189C (5) about the documents.
In a child protection proceeding, the litigation director— may file and serve a disclosure form at any time; but must, subject to any direction given by the court under subrule (2) , file and serve a disclosure form within 20 days after the date of the first mention for the proceeding. The court may direct the litigation director to file and serve a disclosure form at any time. Subrule (4) applies if the court— makes an order that a conference between the parties be held; and directs the litigation director to file and serve a disclosure form so that disclosure can occur before the conference. The court may issue any other direction necessary to ensure documents on the disclosure form are disclosed before the conference. (sec.52-ssec.1) In a child protection proceeding, the litigation director— may file and serve a disclosure form at any time; but must, subject to any direction given by the court under subrule (2) , file and serve a disclosure form within 20 days after the date of the first mention for the proceeding. (sec.52-ssec.2) The court may direct the litigation director to file and serve a disclosure form at any time. (sec.52-ssec.3) Subrule (4) applies if the court— makes an order that a conference between the parties be held; and directs the litigation director to file and serve a disclosure form so that disclosure can occur before the conference. (sec.52-ssec.4) The court may issue any other direction necessary to ensure documents on the disclosure form are disclosed before the conference.
A party to a child protection proceeding may make a written request to the litigation director for disclosure of a particular document that is relevant to the proceeding. The written request must— for a document to which the Child Protection Act , section 190 applies—describe the document as required under subsections (2) and (3) of that section; or otherwise—include an adequate description of the document. The litigation director must respond to the request as soon as reasonably practicable after receiving the request. Subrules (5) and (6) apply if— the party makes a written request under subrule (1) for disclosure of a document before a court ordered conference; and there is no ground on which the litigation director may refuse to disclose the document under the Child Protection Act , section 191 (2) ; and the litigation director considers it would not be reasonably practicable to disclose the document before the court ordered conference. The litigation director may apply to the court for leave to disclose the document to the party by a particular day. The court may, on an application by the litigation director under subrule (5) , give leave to the litigation director to disclose the document to the party by any day and on any conditions the court considers appropriate. An application under subrule (5) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. (sec.53-ssec.1) A party to a child protection proceeding may make a written request to the litigation director for disclosure of a particular document that is relevant to the proceeding. (sec.53-ssec.2) The written request must— for a document to which the Child Protection Act , section 190 applies—describe the document as required under subsections (2) and (3) of that section; or otherwise—include an adequate description of the document. (sec.53-ssec.3) The litigation director must respond to the request as soon as reasonably practicable after receiving the request. (sec.53-ssec.4) Subrules (5) and (6) apply if— the party makes a written request under subrule (1) for disclosure of a document before a court ordered conference; and there is no ground on which the litigation director may refuse to disclose the document under the Child Protection Act , section 191 (2) ; and the litigation director considers it would not be reasonably practicable to disclose the document before the court ordered conference. (sec.53-ssec.5) The litigation director may apply to the court for leave to disclose the document to the party by a particular day. (sec.53-ssec.6) The court may, on an application by the litigation director under subrule (5) , give leave to the litigation director to disclose the document to the party by any day and on any conditions the court considers appropriate. (sec.53-ssec.7) An application under subrule (5) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding.
An application for disclosure of a document or information under the Child Protection Act , section 191 (4) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. If the court orders the disclosure of a document or information, the court may make an order about how the document is to be disclosed, including that the document is to be— redacted before it is to be disclosed; or inspected only and not copied; or disclosed only to the lawyers of a party; or disclosed to an expert to be considered in a report. (sec.54-ssec.1) An application for disclosure of a document or information under the Child Protection Act , section 191 (4) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. (sec.54-ssec.2) If the court orders the disclosure of a document or information, the court may make an order about how the document is to be disclosed, including that the document is to be— redacted before it is to be disclosed; or inspected only and not copied; or disclosed only to the lawyers of a party; or disclosed to an expert to be considered in a report.
The litigation director may disclose a document at any time. However, the litigation director must disclose a document relevant to the child protection proceeding— if the court orders or directs the disclosure; or after a party to the proceeding requests under rule 53 that the document be disclosed to the party. See also the Child Protection Act , section 191 for the litigation director’s power to refuse to disclose a document. Also— the litigation director must complete the disclosure before the proceeding is decided; and the court may issue a direction about disclosure, including that disclosure be completed by a particular day. (sec.55-ssec.1) The litigation director may disclose a document at any time. (sec.55-ssec.2) However, the litigation director must disclose a document relevant to the child protection proceeding— if the court orders or directs the disclosure; or after a party to the proceeding requests under rule 53 that the document be disclosed to the party. See also the Child Protection Act , section 191 for the litigation director’s power to refuse to disclose a document. (sec.55-ssec.3) Also— the litigation director must complete the disclosure before the proceeding is decided; and the court may issue a direction about disclosure, including that disclosure be completed by a particular day.
The litigation director may disclose a document relevant to a child protection proceeding by— disclosing the document in accordance with a court order; or if no order has been made—disclosing the document in accordance with a practice direction; or if no order or practice direction has been made— serving a copy of the document on a party; or producing the document, or a copy of the document, for inspection under subrule (2) . The litigation director may produce the document, or a copy of the document, for inspection by— notifying the parties to the proceeding in writing of a convenient place and time to inspect the document; and producing the document for inspection at the time and place; and allowing or arranging for copies of the document to be made. The litigation director must, when serving a document or making it available for inspection, state that disclosure of a document or information disclosed by the litigation director under the Child Protection Act , section 189C is an offence. See the Child Protection Act , section 189E . (sec.56-ssec.1) The litigation director may disclose a document relevant to a child protection proceeding by— disclosing the document in accordance with a court order; or if no order has been made—disclosing the document in accordance with a practice direction; or if no order or practice direction has been made— serving a copy of the document on a party; or producing the document, or a copy of the document, for inspection under subrule (2) . (sec.56-ssec.2) The litigation director may produce the document, or a copy of the document, for inspection by— notifying the parties to the proceeding in writing of a convenient place and time to inspect the document; and producing the document for inspection at the time and place; and allowing or arranging for copies of the document to be made. (sec.56-ssec.3) The litigation director must, when serving a document or making it available for inspection, state that disclosure of a document or information disclosed by the litigation director under the Child Protection Act , section 189C is an offence. See the Child Protection Act , section 189E .
This rule applies to a document to be disclosed, under rule 55 , to a party to a child protection proceeding. The litigation director— may also disclose the document, under rule 55 , to any other party to the proceeding; or may give written notice to any other party to the proceeding— notifying that party about the disclosure; and inviting the other party to request the disclosure to that party of the document; or if the litigation director refuses to disclose the document to any other party to the proceeding under the Child Protection Act , section 191 (2) —must notify the other party in writing of the refusal. If a party mentioned in subrule (2) (b) requests the disclosure of a document, the litigation director must immediately disclose the document, under rule 55 , to the party. (sec.57-ssec.1) This rule applies to a document to be disclosed, under rule 55 , to a party to a child protection proceeding. (sec.57-ssec.2) The litigation director— may also disclose the document, under rule 55 , to any other party to the proceeding; or may give written notice to any other party to the proceeding— notifying that party about the disclosure; and inviting the other party to request the disclosure to that party of the document; or if the litigation director refuses to disclose the document to any other party to the proceeding under the Child Protection Act , section 191 (2) —must notify the other party in writing of the refusal. (sec.57-ssec.3) If a party mentioned in subrule (2) (b) requests the disclosure of a document, the litigation director must immediately disclose the document, under rule 55 , to the party.
This rule applies if the court issues directions about things that must be done before a hearing in a child protection proceeding. The directions must include any direction necessary to ensure the litigation director’s duty of disclosure is complied with within a reasonable period before the hearing. (sec.58-ssec.1) This rule applies if the court issues directions about things that must be done before a hearing in a child protection proceeding. (sec.58-ssec.2) The directions must include any direction necessary to ensure the litigation director’s duty of disclosure is complied with within a reasonable period before the hearing.
The litigation director is not required to file a document disclosed by the litigation director unless— the Child Protection Act or these rules require the document to be filed; or the court directs that the document be filed.
In complying with the litigation director’s duty of disclosure under the Child Protection Act , section 189C , the litigation director must consider whether— a disclosure form has been filed in the court and served on the parties to the proceeding; and all documents relevant to the proceeding have been disclosed under rule 55 ; and all documents required, under an order of the court under the Child Protection Act , section 191 (4) , to be disclosed to the parties have been disclosed; and for a document the subject of a written notice under rule 57 (2) (b) — the litigation director has disclosed the document under rule 56 to the party to whom the notice was given; or the party to whom the notice was given does not request the disclosure of the document within 10 days after receiving the notice.
The litigation director must file a written notice before the child protection proceeding is finally decided stating that the director— understands the director’s duty of disclosure under the Child Protection Act , section 189C and the consequences under the Child Protection Act , section 189D for failing to disclose a document; and has considered the matters mentioned in rule 60 ; and has complied and will continue to comply with the duty of disclosure to the best of the director’s knowledge and ability.
This division provides a framework for how the court must manage a child protection proceeding or an acknowledgement of sex proceeding, including by considering— how the proceeding is to be conducted; and how the court is to receive evidence in the proceeding; and for a child protection proceeding—who should be a party to or participant in the proceeding; and any other proceedings that are relevant to the proceeding; and whether directions should be issued for the proceeding. r 62 amd 2024 SL No. 76 s 28
The court must manage a child protection proceeding or an acknowledgement of sex proceeding to ensure the proceeding is resolved in accordance with the main objects of these rules. r 63 amd 2024 SL No. 76 s 30
The court may manage a child protection proceeding or an acknowledgement of sex proceeding by making an order or issuing a direction it considers appropriate about the conduct of the proceeding. Without limiting subrule (1) , the court may do any of the following for the proceeding at any time— decide the way the proceeding is to be conducted, including by— setting a timetable for the proceeding; or directing when stages in the proceeding are to be completed; direct that documents in the proceeding be amended; identify the issues in the proceeding; decide the issues that need to be investigated; decide the issues that are to be addressed at an appearance in the proceeding; decide the order in which the issues in the proceeding are to be resolved; if the court considers alternative dispute resolution is appropriate for the proceeding—encourage the parties to use alternative dispute resolution; help the parties to settle all or some of the issues in the proceeding; encourage the parties to cooperate with each other in the proceeding; decide when and how an appearance in the proceeding is to happen, including by directing that technology be used for the proceeding; See also rule 48 . deal with as many issues in the proceeding as possible at each appearance; deal with issues at an appearance without requiring the attendance of some or all of the parties; deal with issues in the proceeding without an appearance; make an order or issue a direction to promote the quick resolution of the proceeding, including by adjourning the proceeding on the court’s own initiative or by application in the proceeding. See division 2 in relation to applications in proceedings. However, for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child, the court must, in acting under subrule (1) or (2) , have regard to the fact that the applicant is a child. See also the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration in exercising jurisdiction or powers in an acknowledgement of sex proceeding. r 64 amd 2024 SL No. 76 s 31 (sec.64-ssec.1) The court may manage a child protection proceeding or an acknowledgement of sex proceeding by making an order or issuing a direction it considers appropriate about the conduct of the proceeding. (sec.64-ssec.2) Without limiting subrule (1) , the court may do any of the following for the proceeding at any time— decide the way the proceeding is to be conducted, including by— setting a timetable for the proceeding; or directing when stages in the proceeding are to be completed; direct that documents in the proceeding be amended; identify the issues in the proceeding; decide the issues that need to be investigated; decide the issues that are to be addressed at an appearance in the proceeding; decide the order in which the issues in the proceeding are to be resolved; if the court considers alternative dispute resolution is appropriate for the proceeding—encourage the parties to use alternative dispute resolution; help the parties to settle all or some of the issues in the proceeding; encourage the parties to cooperate with each other in the proceeding; decide when and how an appearance in the proceeding is to happen, including by directing that technology be used for the proceeding; See also rule 48 . deal with as many issues in the proceeding as possible at each appearance; deal with issues at an appearance without requiring the attendance of some or all of the parties; deal with issues in the proceeding without an appearance; make an order or issue a direction to promote the quick resolution of the proceeding, including by adjourning the proceeding on the court’s own initiative or by application in the proceeding. See division 2 in relation to applications in proceedings. (sec.64-ssec.3) However, for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child, the court must, in acting under subrule (1) or (2) , have regard to the fact that the applicant is a child. See also the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration in exercising jurisdiction or powers in an acknowledgement of sex proceeding.
The court may issue a direction about evidence in a child protection proceeding or an acknowledgement of sex proceeding, including about the following— how evidence is to be given by a witness, including whether the witness is to give evidence orally or by affidavit; for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child—how the child is to give evidence, including whether the child is to give evidence orally, by affidavit or in another way the court considers appropriate; the filing of affidavits; the content of an affidavit to be used in the proceeding; a direction about the admission of facts or documents; whether to exempt a witness from attending an appearance in the proceeding; reducing the costs of a proceeding relating to the appearance of a witness appearing in the proceeding; the return date for subpoenas; the way the court is to be informed of a particular matter. See the Child Protection Act , section 105 and the Births, Deaths and Marriages Registration Act 2023 , section 74 for how the court may inform itself. In deciding whether to give a direction under subrule (1) (b) , the court must have regard to the following matters— the child’s age; whether the child is legally represented; the nature of the evidence to be given by the child; whether the child’s evidence may be given in another way. r 65 amd 2024 SL No. 76 s 32 (sec.65-ssec.1) The court may issue a direction about evidence in a child protection proceeding or an acknowledgement of sex proceeding, including about the following— how evidence is to be given by a witness, including whether the witness is to give evidence orally or by affidavit; for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child—how the child is to give evidence, including whether the child is to give evidence orally, by affidavit or in another way the court considers appropriate; the filing of affidavits; the content of an affidavit to be used in the proceeding; a direction about the admission of facts or documents; whether to exempt a witness from attending an appearance in the proceeding; reducing the costs of a proceeding relating to the appearance of a witness appearing in the proceeding; the return date for subpoenas; the way the court is to be informed of a particular matter. See the Child Protection Act , section 105 and the Births, Deaths and Marriages Registration Act 2023 , section 74 for how the court may inform itself. (sec.65-ssec.2) In deciding whether to give a direction under subrule (1) (b) , the court must have regard to the following matters— the child’s age; whether the child is legally represented; the nature of the evidence to be given by the child; whether the child’s evidence may be given in another way.
The court must consider whether to make an order in a child protection proceeding requiring a written social assessment report about the child and the child’s family to be prepared and filed in the court under the Child Protection Act , section 68 (1) (a) . The court may issue directions about whether and how expert evidence is to be taken in a child protection proceeding, including, for example, by issuing a direction— about the matters for which expert evidence is to be provided; or about the type of expert that is to provide the expert evidence; or about the number of experts to be called in the proceeding, including directing that the parties agree on a single expert for an issue; or about the appointment of an expert by the court or jointly by the parties; or about matters to be included in the terms of reference or document list for an expert, including directing the parties to seek agreement to the draft terms of reference or document list to be used by the expert. (sec.66-ssec.1) The court must consider whether to make an order in a child protection proceeding requiring a written social assessment report about the child and the child’s family to be prepared and filed in the court under the Child Protection Act , section 68 (1) (a) . (sec.66-ssec.2) The court may issue directions about whether and how expert evidence is to be taken in a child protection proceeding, including, for example, by issuing a direction— about the matters for which expert evidence is to be provided; or about the type of expert that is to provide the expert evidence; or about the number of experts to be called in the proceeding, including directing that the parties agree on a single expert for an issue; or about the appointment of an expert by the court or jointly by the parties; or about matters to be included in the terms of reference or document list for an expert, including directing the parties to seek agreement to the draft terms of reference or document list to be used by the expert.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
These rules may be cited as the Childrens Court Rules 2016 .
These rules commence on 1 July 2016.
These rules apply to— CAO proceedings; and child protection proceedings; and adoption proceedings; and acknowledgement of sex proceedings; and applications made under the Trans-Tasman Proceedings Act in any civil or criminal proceeding before the court; and an appeal to the court under— the Child Protection Act , section 117 ; or the Adoption Act , section 243 ; or the Births, Deaths and Marriages Registration Act 2023 , section 78 . These rules do not apply to the Court of Appeal. These rules apply to the following proceedings to the extent that the court directs— a proceeding for an order transferring a child protection order to a participating State under the Child Protection Act , section 214 ; a proceeding for an order transferring a child protection proceeding to the Childrens Court in a participating State under the Child Protection Act , section 228 ; an appeal to the court against a decision mentioned in the Child Protection Act , section 239 (1) . r 3 amd 2024 SL No. 76 s 4 (sec.3-ssec.1) These rules apply to— CAO proceedings; and child protection proceedings; and adoption proceedings; and acknowledgement of sex proceedings; and applications made under the Trans-Tasman Proceedings Act in any civil or criminal proceeding before the court; and an appeal to the court under— the Child Protection Act , section 117 ; or the Adoption Act , section 243 ; or the Births, Deaths and Marriages Registration Act 2023 , section 78 . These rules do not apply to the Court of Appeal. (sec.3-ssec.2) These rules apply to the following proceedings to the extent that the court directs— a proceeding for an order transferring a child protection order to a participating State under the Child Protection Act , section 214 ; a proceeding for an order transferring a child protection proceeding to the Childrens Court in a participating State under the Child Protection Act , section 228 ; an appeal to the court against a decision mentioned in the Child Protection Act , section 239 (1) .
The dictionary in schedule 1 defines particular words used in these rules. For a rule about a CAO proceeding or child protection proceeding, the words and expressions used in the rule have the same meaning as they have in the Child Protection Act . For a rule about an adoption proceeding, the words and expressions used in the rule have the same meaning as they have in the Adoption Act . For a rule about an acknowledgement of sex proceeding, the words and expressions used in the rule have the same meaning as they have in the Births, Deaths and Marriages Registration Act 2023 . However, subrules (2) , (3) and (4) do not apply if the rule where the term is used makes it clear that the term does not have the same meaning as in the Child Protection Act or the Adoption Act . r 4 amd 2024 SL No. 76 s 5 (sec.4-ssec.1) The dictionary in schedule 1 defines particular words used in these rules. (sec.4-ssec.2) For a rule about a CAO proceeding or child protection proceeding, the words and expressions used in the rule have the same meaning as they have in the Child Protection Act . (sec.4-ssec.3) For a rule about an adoption proceeding, the words and expressions used in the rule have the same meaning as they have in the Adoption Act . (sec.4-ssec.4) For a rule about an acknowledgement of sex proceeding, the words and expressions used in the rule have the same meaning as they have in the Births, Deaths and Marriages Registration Act 2023 . (sec.4-ssec.5) However, subrules (2) , (3) and (4) do not apply if the rule where the term is used makes it clear that the term does not have the same meaning as in the Child Protection Act or the Adoption Act .
The main object of these rules is to provide for flexible procedures that allow the court to decide a proceeding— consistently with— for a CAO proceeding or child protection proceeding—the child protection principles; or for an adoption proceeding—the adoption principles; or for an acknowledgement of sex proceeding—the Births, Deaths and Marriages Registration Act 2023 , section 70 ; and fairly; and as soon as possible; and with the minimum cost; and with the minimum legal technicality; and in accordance with the nature, importance and complexity of the issues to be resolved in the proceeding; and in relation to a proceeding involving an Aboriginal or Torres Strait Islander child—having regard to Aboriginal tradition or Island custom. r 5 amd 2024 SL No. 76 s 6
Subject to a contrary intention in an Act or these rules, the court may make an order or issue a direction under these rules— on the court’s own initiative; or on the application of a party.
If an order or a direction of the court is inconsistent with another provision of these rules, the court’s order or direction prevails to the extent of the inconsistency.
Noncompliance with a rule does not invalidate a proceeding unless the court directs otherwise. If a rule has not been complied with, the court may— waive the noncompliance; or set aside all or part of the proceeding; or make another order it considers appropriate. an order enforcing the performance of a duty imposed on a person under these rules (sec.8-ssec.1) Noncompliance with a rule does not invalidate a proceeding unless the court directs otherwise. (sec.8-ssec.2) If a rule has not been complied with, the court may— waive the noncompliance; or set aside all or part of the proceeding; or make another order it considers appropriate. an order enforcing the performance of a duty imposed on a person under these rules
This part— explains how to start a proceeding; and states the documents the litigation director must file in a child protection proceeding; and if a child protection application for an Aboriginal or Torres Strait Islander child is filed—explains how to notify the court of the name and contact details of an independent Aboriginal or Torres Strait Islander entity for the child; and states the documents a person making an acknowledgement of sex application must file. r 9 amd 2018 SL No. 165 s 4 ; 2024 SL No. 76 s 8
A proceeding is started when 1 of the following documents is filed in the court— a child protection application; an Adoption Act application; an acknowledgement of sex application; a notice of appeal. An application mentioned in subrule (1) (a) , (b) or (c) is an originating application . r 10 amd 2024 SL No. 76 s 10 (sec.10-ssec.1) A proceeding is started when 1 of the following documents is filed in the court— a child protection application; an Adoption Act application; an acknowledgement of sex application; a notice of appeal. (sec.10-ssec.2) An application mentioned in subrule (1) (a) , (b) or (c) is an originating application .
An originating application may be filed in— a registry of a Magistrates Court of— a district in which a child the subject of the proceeding resides; or the district in which a respondent resides; or if all parties to the proceeding agree, in writing, to the filing of the originating application in another district—the other district; or if the application cannot be filed in a registry mentioned in paragraph (a) —any central Magistrates Court registry. Under the Child Protection Act , section 114 and the Adoption Act , section 240 , a magistrate constituting the Childrens Court may order that a proceeding be transferred to the court constituted by a magistrate at another place. However, an originating application must be filed in accordance with any requirement stated in a practice direction of the Chief Magistrate relating to the filing of the application in— a particular registry of a Magistrates Court; or a registry of a Magistrates Court of a particular district. In this rule— central Magistrates Court registry means the registry of a Magistrates Court at Brisbane, Rockhampton, Townsville or Cairns. Chief Magistrate means a District Court judge or magistrate who is appointed as the Chief Magistrate under the Magistrates Act 1991 , section 5 (6) . district means a district of a Magistrates Court mentioned in the Justices Regulation 2014 , schedule 1 . (sec.11-ssec.1) An originating application may be filed in— a registry of a Magistrates Court of— a district in which a child the subject of the proceeding resides; or the district in which a respondent resides; or if all parties to the proceeding agree, in writing, to the filing of the originating application in another district—the other district; or if the application cannot be filed in a registry mentioned in paragraph (a) —any central Magistrates Court registry. Under the Child Protection Act , section 114 and the Adoption Act , section 240 , a magistrate constituting the Childrens Court may order that a proceeding be transferred to the court constituted by a magistrate at another place. (sec.11-ssec.2) However, an originating application must be filed in accordance with any requirement stated in a practice direction of the Chief Magistrate relating to the filing of the application in— a particular registry of a Magistrates Court; or a registry of a Magistrates Court of a particular district. (sec.11-ssec.3) In this rule— central Magistrates Court registry means the registry of a Magistrates Court at Brisbane, Rockhampton, Townsville or Cairns. Chief Magistrate means a District Court judge or magistrate who is appointed as the Chief Magistrate under the Magistrates Act 1991 , section 5 (6) . district means a district of a Magistrates Court mentioned in the Justices Regulation 2014 , schedule 1 .
An originating applic
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