Director of Child Protection Litigation Act 2016
sec.16Requirements for referral of child protection matter
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sec.16 Requirements for referral of child protection matter
For each child protection matter referred under section 15 , the chief executive (child safety) must give the director the following— for a matter mentioned in section 15 (1) (a) , a brief of evidence about the child that includes— the reasons why the child is a child in need of protection; and the reasons why a child protection order is appropriate and desirable for the child’s protection; and the type of child protection order the chief executive (child safety) considers appropriate and desirable for the child’s protection; for a matter mentioned in section 15 (1) (b) , a brief of evidence about the child that includes the reasons why a child protection order is no longer appropriate and desirable for the child’s protection; for a matter mentioned in section 15 (1) (c) , a brief of evidence about the child that includes the reasons why the chief executive (child safety) is satisfied— the child’s permanent guardian is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests; supporting documents for the matters mentioned in paragraph (a) , (b) or (c) available to the chief executive (child safety), including, for example, affidavits; all other documents and evidence relevant to the referral that are available to the chief executive (child safety). The referral and brief of evidence must comply with the guidelines made by the director under section 39 . s 16 amd 2017 No. 44 s 87 (sec.16-ssec.1) For each child protection matter referred under section 15 , the chief executive (child safety) must give the director the following— for a matter mentioned in section 15 (1) (a) , a brief of evidence about the child that includes— the reasons why the child is a child in need of protection; and the reasons why a child protection order is appropriate and desirable for the child’s protection; and the type of child protection order the chief executive (child safety) considers appropriate and desirable for the child’s protection; for a matter mentioned in section 15 (1) (b) , a brief of evidence about the child that includes the reasons why a child protection order is no longer appropriate and desirable for the child’s protection; for a matter mentioned in section 15 (1) (c) , a brief of evidence about the child that includes the reasons why the chief executive (child safety) is satisfied— the child’s permanent guardian is not complying, in a significant way, with the permanent guardian’s obligations under the Child Protection Act 1999 , section 79A ; and the order is no longer appropriate and desirable for promoting the child’s safety, wellbeing and best interests; supporting documents for the matters mentioned in paragraph (a) , (b) or (c) available to the chief executive (child safety), including, for example, affidavits; all other documents and evidence relevant to the referral that are available to the chief executive (child safety). (sec.16-ssec.2) The referral and brief of evidence must comply with the guidelines made by the director under section 39 .