Creates the Queensland Family and Child Commission: a statutory body led by two commissioners to oversee and advise on the child protection system, maintain a child‑death register, carry out system‑level research and reporting, and promote child safety. The Act gives the commission commercial powers (contracts, property, consultants), authority to request confidential information from public and private entities, sets appointment, removal and reporting rules, and establishes an independent Child Death Review Board. It principally affects government agencies, service providers, researchers and the commissioners themselves.
This Act establishes the Queensland Family and Child Commission (the commission), prescribes its functions and powers, creates and governs a Child Death Register, and establishes a Child Death Review Board with specific review, reporting and information‑sharing arrangements. Mechanically, the Act:
Establishes the commission as a statutory body (s 6) and gives it the legal status, privileges and immunities of the State (s 7). The commission is expressly a unit of public administration under the Crime and Corruption Act 2001 and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 8).
Sets out the commission’s core functions to provide system oversight, promote child safety and wellbeing, develop workforce strategies, lead research, evaluate agency programs, and advise the Minister (s 9). The commission may also hold functions assigned by the Child Safe Organisations Act 2024 (s 9(1A)).
Confers broad legal capacities on the commission to contract, hold property, appoint agents and engage consultants (s 10).
Requires two commissioners (one principal commissioner), appointed by the Governor in Council on the Minister’s recommendation; one recommendee must be Aboriginal or Torres Strait Islander (s 11). Commissioners are employed under this Act, not the Public Sector Act 2022 (s 12).
Creates a Child Death Register to be kept by the principal commissioner and specifies which statutory sources must be included (s 25). It creates functions to classify, analyse and research child deaths and to make recommendations (s 26).
Grants the principal commissioner power to request information from public entities for the register and to enter into arrangements or memoranda of understanding to obtain database access; public entities can charge a fee limited to actual cost for such services (s 27).
Current sections
Direct links to the current provisions in Family and Child Commission Act 2014.
111
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction
Introduction
sec.1
Short title
sec.1 Short title
This Act may be cited as the Family and Child Commission Act 2014 .
sec.2
Commencement
sec.2 Commencement
This Act commences on 1 July 2014.
sec.3
Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
Nothing in this Act makes the State liable to be prosecuted for an offence.
(sec.3-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.
pt.1-div.2
Object of Act
Object of Act
sec.4
Object
sec.4 Object
The object of this Act is to establish the Queensland Family and Child Commission—
to promote the safety, wellbeing and best interests of children and young people; and
to promote and advocate the responsibility of families and communities to protect and care for children and young people; and
to improve the child protection system.
(a) to promote the safety, wellbeing and best interests of children and young people; and
(b) to promote and advocate the responsibility of families and communities to protect and care for children and young people; and
(c) to improve the child protection system.
pt.1-div.3
Interpretation
Interpretation
sec.5
Definitions
sec.5 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
s 5 amd 2014 No. 27 s 52 sch 1 pt 1
pt.2
Queensland Family and Child Commission
Queensland Family and Child Commission
pt.2-div.1
Establishment
Establishment
sec.6
Establishment of commission
sec.6 Establishment of commission
The Queensland Family and Child Commission is established.
The commission consists of the commissioners and the staff of the commission.
(sec.6-ssec.1) The Queensland Family and Child Commission is established.
(sec.6-ssec.2) The commission consists of the commissioners and the staff of the commission.
sec.7
Commission represents the State
sec.7 Commission represents the State
The commission represents the State.
Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.
(sec.7-ssec.1) The commission represents the State.
(sec.7-ssec.2) Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.
sec.8
Application of other Acts
sec.8 Application of other Acts
The commission is—
a unit of public administration under the Crime and Corruption Act 2001 ; and
a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.
(sec.8-ssec.1) The commission is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.8-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.
(a) a unit of public administration under the Crime and Corruption Act 2001 ; and
(b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
pt.2-div.2
Functions and powers
Functions and powers
sec.9
Commission’s functions
sec.9 Commission’s functions
The commission has the following functions for the purposes of promoting the safety, wellbeing and best interests of children and young people and improving the child protection system—
to provide oversight of the child protection system;
to promote and advocate—
the responsibility of families and communities to protect and care for children and young people; and
the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;
to develop and review workforce planning and development strategies for the child protection system by collaborating with relevant agencies, the private sector and education providers;
to inform and educate the community about—
services available to strengthen and support families; and
the way in which the child protection system operates; and
research relevant to the child protection system;
to develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies;
to assist relevant agencies evaluate the efficacy of their programs and identify the most effective service models;
to provide leadership and give expert advice to relevant agencies about laws, policies, practices and services;
to increase collaboration and build capacity across different sectors to improve the delivery of services to children, young people and families;
to analyse and evaluate, at a systemic level, policies and practices relevant to the child protection system and the performance of relevant agencies in delivering services;
to report to the Minister about matters relating to a function mentioned in paragraphs (a) to (i) ;
to perform a function incidental to a function mentioned in paragraphs (a) to (i) .
Also, the commission has the functions given to it under the Child Safe Organisations Act 2024 or another Act.
However, it is not a function of the commission under this Act to investigate the circumstances of a particular child, young person or family or to advocate on their behalf.
In performing its functions under this Act and the Child Safe Organisations Act 2024 , the commission must avoid unnecessary duplication of the board’s performance of its functions under part 3A .
s 9 amd 2020 No. 2 s 16 ; 2024 No. 49 s 120
(sec.9-ssec.1) The commission has the following functions for the purposes of promoting the safety, wellbeing and best interests of children and young people and improving the child protection system— to provide oversight of the child protection system; to promote and advocate— the responsibility of families and communities to protect and care for children and young people; and the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system; to develop and review workforce planning and development strategies for the child protection system by collaborating with relevant agencies, the private sector and education providers; to inform and educate the community about— services available to strengthen and support families; and the way in which the child protection system operates; and research relevant to the child protection system; to develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies; to assist relevant agencies evaluate the efficacy of their programs and identify the most effective service models; to provide leadership and give expert advice to relevant agencies about laws, policies, practices and services; to increase collaboration and build capacity across different sectors to improve the delivery of services to children, young people and families; to analyse and evaluate, at a systemic level, policies and practices relevant to the child protection system and the performance of relevant agencies in delivering services; to report to the Minister about matters relating to a function mentioned in paragraphs (a) to (i) ; to perform a function incidental to a function mentioned in paragraphs (a) to (i) .
(sec.9-ssec.1A) Also, the commission has the functions given to it under the Child Safe Organisations Act 2024 or another Act.
(sec.9-ssec.2) However, it is not a function of the commission under this Act to investigate the circumstances of a particular child, young person or family or to advocate on their behalf.
(sec.9-ssec.3) In performing its functions under this Act and the Child Safe Organisations Act 2024 , the commission must avoid unnecessary duplication of the board’s performance of its functions under part 3A .
(a) to provide oversight of the child protection system;
(b) to promote and advocate— (i) the responsibility of families and communities to protect and care for children and young people; and (ii) the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;
(i) the responsibility of families and communities to protect and care for children and young people; and
(ii) the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;
(c) to develop and review workforce planning and development strategies for the child protection system by collaborating with relevant agencies, the private sector and education providers;
(d) to inform and educate the community about— (i) services available to strengthen and support families; and (ii) the way in which the child protection system operates; and (iii) research relevant to the child protection system;
(i) services available to strengthen and support families; and
(ii) the way in which the child protection system operates; and
(iii) research relevant to the child protection system;
(e) to develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies;
(f) to assist relevant agencies evaluate the efficacy of their programs and identify the most effective service models;
(g) to provide leadership and give expert advice to relevant agencies about laws, policies, practices and services;
(h) to increase collaboration and build capacity across different sectors to improve the delivery of services to children, young people and families;
(i) to analyse and evaluate, at a systemic level, policies and practices relevant to the child protection system and the performance of relevant agencies in delivering services;
(j) to report to the Minister about matters relating to a function mentioned in paragraphs (a) to (i) ;
(k) to perform a function incidental to a function mentioned in paragraphs (a) to (i) .
(i) the responsibility of families and communities to protect and care for children and young people; and
(ii) the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;
(i) services available to strengthen and support families; and
(ii) the way in which the child protection system operates; and
(iii) research relevant to the child protection system;
sec.10
Commission’s powers
sec.10 Commission’s powers
The commission has all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, deal with and dispose of property; and
appoint agents and attorneys; and
engage consultants or contractors; and
do anything else necessary or convenient to be done in the performance of its functions.
Without limiting subsection (1) , the commission has the powers given to it under this Act or another Act.
(sec.10-ssec.1) The commission has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants or contractors; and do anything else necessary or convenient to be done in the performance of its functions.
(sec.10-ssec.2) Without limiting subsection (1) , the commission has the powers given to it under this Act or another Act.
(a) enter into contracts; and
(b) acquire, hold, deal with and dispose of property; and
(c) appoint agents and attorneys; and
(d) engage consultants or contractors; and
(e) do anything else necessary or convenient to be done in the performance of its functions.
pt.2-div.3
Commissioners
Commissioners
sec.11
Appointment of commissioners
sec.11 Appointment of commissioners
There are to be 2 commissioners for the commission.
Each commissioner is appointed by the Governor in Council on the recommendation of the Minister.
One of the commissioners is to be appointed as the principal commissioner.
The Minister may recommend a person for appointment only if the Minister is satisfied the person is appropriately qualified to exercise the commission’s functions effectively and efficiently.
Also, at least 1 person recommended by the Minister for appointment as a commissioner must be an Aboriginal person or a Torres Strait Islander.
(sec.11-ssec.1) There are to be 2 commissioners for the commission.
(sec.11-ssec.2) Each commissioner is appointed by the Governor in Council on the recommendation of the Minister.
(sec.11-ssec.3) One of the commissioners is to be appointed as the principal commissioner.
(sec.11-ssec.4) The Minister may recommend a person for appointment only if the Minister is satisfied the person is appropriately qualified to exercise the commission’s functions effectively and efficiently.
(sec.11-ssec.5) Also, at least 1 person recommended by the Minister for appointment as a commissioner must be an Aboriginal person or a Torres Strait Islander.
sec.12
Commissioners employed under this Act
sec.12 Commissioners employed under this Act
A commissioner is employed under this Act and not under the Public Sector Act 2022 .
s 12 amd 2022 No. 34 s 365 sch 3
sec.13
Term of office
sec.13 Term of office
Subject to this subdivision, a commissioner holds office for the term, stated in the commissioner’s instrument of appointment, of not more than 3 years.
sec.14
Conditions of appointment
sec.14 Conditions of appointment
A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.
A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
(sec.14-ssec.1) A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.14-ssec.2) A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
sec.15
Vacancy in office
sec.15 Vacancy in office
The office of a commissioner becomes vacant—
if the commissioner—
resigns office by signed notice to the Minister giving at least 1 month’s notice; or
is convicted of an indictable offence; or
is a person who is an insolvent under administration; or
is removed from office by the Governor in Council under subsection (2) ; or
if the commissioner is suspended by the Minister under subsection (4) —during the period of the suspension.
The Governor in Council may, at any time, remove a commissioner from office on the recommendation of the Minister.
The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner—
has been guilty of misconduct; or
is incapable of performing his or her duties; or
has neglected his or her duties or performed them incompetently.
The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if—
there is an allegation of misconduct against the commissioner; or
the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.
s 15 amd 2023 No. 23 s 247 sch 1 s 2 (2)
(sec.15-ssec.1) The office of a commissioner becomes vacant— if the commissioner— resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is a person who is an insolvent under administration; or is removed from office by the Governor in Council under subsection (2) ; or if the commissioner is suspended by the Minister under subsection (4) —during the period of the suspension.
(sec.15-ssec.2) The Governor in Council may, at any time, remove a commissioner from office on the recommendation of the Minister.
(sec.15-ssec.3) The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has been guilty of misconduct; or is incapable of performing his or her duties; or has neglected his or her duties or performed them incompetently.
(sec.15-ssec.4) The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if— there is an allegation of misconduct against the commissioner; or the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.
(a) if the commissioner— (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or (ii) is convicted of an indictable offence; or (iii) is a person who is an insolvent under administration; or (iv) is removed from office by the Governor in Council under subsection (2) ; or
(i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or
(ii) is convicted of an indictable offence; or
(iii) is a person who is an insolvent under administration; or
(iv) is removed from office by the Governor in Council under subsection (2) ; or
(b) if the commissioner is suspended by the Minister under subsection (4) —during the period of the suspension.
(i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or
(ii) is convicted of an indictable offence; or
(iii) is a person who is an insolvent under administration; or
(iv) is removed from office by the Governor in Council under subsection (2) ; or
(a) has been guilty of misconduct; or
(b) is incapable of performing his or her duties; or
(c) has neglected his or her duties or performed them incompetently.
(a) there is an allegation of misconduct against the commissioner; or
(b) the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.
sec.16
Preservation of rights of commissioner
sec.16 Preservation of rights of commissioner
This section applies if a person who is a public service officer is appointed as a commissioner.
The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.
At the end of the person’s term of office or resignation as a commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
(sec.16-ssec.1) This section applies if a person who is a public service officer is appointed as a commissioner.
(sec.16-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.
(sec.16-ssec.3) At the end of the person’s term of office or resignation as a commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
sec.17
Acting commissioner
sec.17 Acting commissioner
The Minister may appoint a person to act in the office of a commissioner during—
a vacancy in the office of a commissioner; or
any period, or all periods, when a commissioner is absent from duty, or can not, for another reason, perform the functions of the office.
A person can not be appointed to act as a commissioner unless the Minister could recommend the person for appointment as a commissioner under section 11 .
To remove any doubt, it is declared that the Minister may appoint—
1 of the commissioners to act in the office of the other commissioner; and
another person to act in the office of a commissioner.
(sec.17-ssec.1) The Minister may appoint a person to act in the office of a commissioner during— a vacancy in the office of a commissioner; or any period, or all periods, when a commissioner is absent from duty, or can not, for another reason, perform the functions of the office.
(sec.17-ssec.2) A person can not be appointed to act as a commissioner unless the Minister could recommend the person for appointment as a commissioner under section 11 .
(sec.17-ssec.3) To remove any doubt, it is declared that the Minister may appoint— 1 of the commissioners to act in the office of the other commissioner; and another person to act in the office of a commissioner.
(a) a vacancy in the office of a commissioner; or
(b) any period, or all periods, when a commissioner is absent from duty, or can not, for another reason, perform the functions of the office.
(a) 1 of the commissioners to act in the office of the other commissioner; and
(b) another person to act in the office of a commissioner.
sec.18
Functions of commissioners
sec.18 Functions of commissioners
The functions of a commissioner are as follows—
to ensure the commission performs its functions under this Act and the Child Safe Organisations Act 2024 effectively and efficiently;
to make recommendations to the Minister about any matter that—
relates to the performance or exercise of the functions or powers of the commission or a commissioner; and
may help the Minister in the proper administration of this Act;
to perform any other function given to a commissioner under this Act or another Act.
s 18 amd 2024 No. 49 s 121
(a) to ensure the commission performs its functions under this Act and the Child Safe Organisations Act 2024 effectively and efficiently;
(b) to make recommendations to the Minister about any matter that— (i) relates to the performance or exercise of the functions or powers of the commission or a commissioner; and (ii) may help the Minister in the proper administration of this Act;
(i) relates to the performance or exercise of the functions or powers of the commission or a commissioner; and
(ii) may help the Minister in the proper administration of this Act;
(c) to perform any other function given to a commissioner under this Act or another Act.
(i) relates to the performance or exercise of the functions or powers of the commission or a commissioner; and
(ii) may help the Minister in the proper administration of this Act;
sec.19
Principal commissioner to control commission
sec.19 Principal commissioner to control commission
An additional function of the principal commissioner is to control the commission.
s 19 sub 2020 No. 2 s 17
sec.20
Additional functions of commissioner
sec.20 Additional functions of commissioner
The functions of the commissioner who is not the principal commissioner also include ensuring the commission adequately and appropriately performs its functions mentioned in section 9 (1) (b) (i) and (c).
sec.21
Powers of commissioners
sec.21 Powers of commissioners
A commissioner may exercise the powers of the commission, and any other powers given to the commissioner, under this Act or another Act.
sec.22
Ministerial direction
sec.22 Ministerial direction
A commissioner is subject to the directions of the Minister in performing the commissioner’s functions under this Act.
The commissioner must comply with a direction given by the Minister.
(sec.22-ssec.1) A commissioner is subject to the directions of the Minister in performing the commissioner’s functions under this Act.
(sec.22-ssec.2) The commissioner must comply with a direction given by the Minister.
sec.23
Ways in which commissioners are to perform functions
sec.23 Ways in which commissioners are to perform functions
In performing a commissioner’s functions, the commissioner must do the following—
engage with, and take account of, the views of children, young people and their families;
ensure the interests of Aboriginal people and Torres Strait Islanders are adequately and appropriately represented;
respect and promote the role of Aboriginal and Torres Strait Islander service providers in supporting Aboriginal and Torres Strait Islander families and communities to protect and care for their children and young people;
be sensitive to the ethnic or cultural identity and values of children, young people and their families;
consult with relevant agencies and advocacy entities;
work cooperatively with relevant agencies and help build their capacity to meet the needs of children, young people and their families.
In this section—
advocacy entity means an entity that provides advocacy services for, or otherwise represents—
particular children; or
the interests of children generally.
(sec.23-ssec.1) In performing a commissioner’s functions, the commissioner must do the following— engage with, and take account of, the views of children, young people and their families; ensure the interests of Aboriginal people and Torres Strait Islanders are adequately and appropriately represented; respect and promote the role of Aboriginal and Torres Strait Islander service providers in supporting Aboriginal and Torres Strait Islander families and communities to protect and care for their children and young people; be sensitive to the ethnic or cultural identity and values of children, young people and their families; consult with relevant agencies and advocacy entities; work cooperatively with relevant agencies and help build their capacity to meet the needs of children, young people and their families.
(sec.23-ssec.2) In this section— advocacy entity means an entity that provides advocacy services for, or otherwise represents— particular children; or the interests of children generally.
(a) engage with, and take account of, the views of children, young people and their families;
(b) ensure the interests of Aboriginal people and Torres Strait Islanders are adequately and appropriately represented;
(c) respect and promote the role of Aboriginal and Torres Strait Islander service providers in supporting Aboriginal and Torres Strait Islander families and communities to protect and care for their children and young people;
(d) be sensitive to the ethnic or cultural identity and values of children, young people and their families;
(e) consult with relevant agencies and advocacy entities;
(f) work cooperatively with relevant agencies and help build their capacity to meet the needs of children, young people and their families.
(a) particular children; or
(b) the interests of children generally.
pt.2-div.4
Other staff
Other staff
sec.24
Commission staff
sec.24 Commission staff
The commission may employ the staff it considers appropriate to perform the commission’s functions.
The staff are to be employed under the Public Sector Act 2022 .
s 24 amd 2022 No. 34 s 365 sch 3
(sec.24-ssec.1) The commission may employ the staff it considers appropriate to perform the commission’s functions.
(sec.24-ssec.2) The staff are to be employed under the Public Sector Act 2022 .
pt.3
Child death register
Child death register
sec.25
Principal commissioner to keep register
sec.25 Principal commissioner to keep register
The principal commissioner must keep a register of information relating to child deaths in Queensland in the way the principal commissioner considers appropriate.
The principal commissioner must include on the register information given, under the following sections, to the principal commissioner—
the Births, Deaths and Marriages Registration Act 2023 , section 119 or 120 ;
the Coroners Act 2003 , section 10A , 45 , 46 or 54A .
The principal commissioner may also include on the register information given to the principal commissioner—
under the Building Act 1975 , section 245I , to the extent the information relates to a child death; or
in response to a request made under section 27 .
s 25 amd 2020 No. 2 s 19 ; 2023 No. 17 s 182 s ch 3 pt 2
(sec.25-ssec.1) The principal commissioner must keep a register of information relating to child deaths in Queensland in the way the principal commissioner considers appropriate.
(sec.25-ssec.2) The principal commissioner must include on the register information given, under the following sections, to the principal commissioner— the Births, Deaths and Marriages Registration Act 2023 , section 119 or 120 ; the Coroners Act 2003 , section 10A , 45 , 46 or 54A .
(sec.25-ssec.3) The principal commissioner may also include on the register information given to the principal commissioner— under the Building Act 1975 , section 245I , to the extent the information relates to a child death; or in response to a request made under section 27 .
(a) the Births, Deaths and Marriages Registration Act 2023 , section 119 or 120 ;
(b) the Coroners Act 2003 , section 10A , 45 , 46 or 54A .
(a) under the Building Act 1975 , section 245I , to the extent the information relates to a child death; or
(b) in response to a request made under section 27 .
sec.26
Other functions relating to child death register
sec.26 Other functions relating to child death register
The principal commissioner also has the following functions to help reduce the likelihood of child deaths—
in relation to the information about child deaths recorded in the register—
to classify the deaths according to cause of death, demographic information and other relevant factors; and
to analyse the information to identify patterns or trends;
to conduct research, alone or in cooperation with other entities, relevant to the register;
to identify areas for further research by the commission or other entities;
to make recommendations, arising from keeping the register and conducting research under this section, about laws, policies, practices and services.
s 26 amd 2020 No. 2 s 20
(a) in relation to the information about child deaths recorded in the register— (i) to classify the deaths according to cause of death, demographic information and other relevant factors; and (ii) to analyse the information to identify patterns or trends;
(i) to classify the deaths according to cause of death, demographic information and other relevant factors; and
(ii) to analyse the information to identify patterns or trends;
(b) to conduct research, alone or in cooperation with other entities, relevant to the register;
(c) to identify areas for further research by the commission or other entities;
(d) to make recommendations, arising from keeping the register and conducting research under this section, about laws, policies, practices and services.
(i) to classify the deaths according to cause of death, demographic information and other relevant factors; and
(ii) to analyse the information to identify patterns or trends;
sec.27
Requests by principal commissioner for information relevant to child death register
sec.27 Requests by principal commissioner for information relevant to child death register
Subsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of the commissioner’s functions under this part.
The principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time.
The public entity must comply with the request unless the entity reasonably considers the disclosure of the information—
would prejudice the investigation of a contravention, or possible contravention, of the law; or
would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or
would endanger a person’s life or physical safety.
However, in complying with the request, the public entity and the principal commissioner must ensure—
the information given to the commissioner relates to the commissioner’s functions under this part; and
to the extent possible, the privacy of any person to whom the information relates is protected from unjustified intrusion.
If the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal.
The principal commissioner and a public entity may enter into an arrangement to facilitate the provision of information under this section.
The principal commissioner and a public entity may enter into a memorandum of understanding under which the entity gives the principal commissioner access to a database periodically to extract information.
A public entity may charge a fee for a service under an arrangement under subsection (6) that is not more than the actual cost of the service.
In this section—
information includes confidential information.
s 27 amd 2020 No. 2 s 21
(sec.27-ssec.1) Subsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of the commissioner’s functions under this part.
(sec.27-ssec.2) The principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time.
(sec.27-ssec.3) The public entity must comply with the request unless the entity reasonably considers the disclosure of the information— would prejudice the investigation of a contravention, or possible contravention, of the law; or would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or would endanger a person’s life or physical safety.
(sec.27-ssec.4) However, in complying with the request, the public entity and the principal commissioner must ensure— the information given to the commissioner relates to the commissioner’s functions under this part; and to the extent possible, the privacy of any person to whom the information relates is protected from unjustified intrusion.
(sec.27-ssec.5) If the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal.
(sec.27-ssec.6) The principal commissioner and a public entity may enter into an arrangement to facilitate the provision of information under this section. The principal commissioner and a public entity may enter into a memorandum of understanding under which the entity gives the principal commissioner access to a database periodically to extract information.
(sec.27-ssec.7) A public entity may charge a fee for a service under an arrangement under subsection (6) that is not more than the actual cost of the service.
(sec.27-ssec.8) In this section— information includes confidential information.
(a) would prejudice the investigation of a contravention, or possible contravention, of the law; or
(b) would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or
(c) would endanger a person’s life or physical safety.
(a) the information given to the commissioner relates to the commissioner’s functions under this part; and
(b) to the extent possible, the privacy of any person to whom the information relates is protected from unjustified intrusion.
sec.28
Access to information in the register for research purposes
sec.28 Access to information in the register for research purposes
This section applies if a person wants to access information in the register to undertake research to help reduce the likelihood of child deaths.
The person may access the information only with the principal commissioner’s consent.
The principal commissioner may consent only if satisfied—
the person is a genuine researcher; and
the information is reasonably necessary for research mentioned in subsection (1) .
The principal commissioner must not give the person access to confidential information unless the commissioner reasonably believes—
the confidential information is necessary for the research to be effective; and
the opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person.
The principal commissioner may impose the conditions on the consent that the commissioner considers appropriate including, for example, a condition that the person must not disclose stated information to anyone else or use the information other than for a stated purpose.
The person must comply with any condition imposed on the consent unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
In this section—
genuine researcher means—
a person for whom an application for health information has been granted under the Public Health Act 2005 , chapter 6 , part 4 ; or
a member of a quality assurance committee established under the Hospital and Health Boards Act 2011 , section 82 ; or
another person who the principal commissioner considers is conducting genuine research.
person includes a public entity.
(sec.28-ssec.1) This section applies if a person wants to access information in the register to undertake research to help reduce the likelihood of child deaths.
(sec.28-ssec.2) The person may access the information only with the principal commissioner’s consent.
(sec.28-ssec.3) The principal commissioner may consent only if satisfied— the person is a genuine researcher; and the information is reasonably necessary for research mentioned in subsection (1) .
(sec.28-ssec.4) The principal commissioner must not give the person access to confidential information unless the commissioner reasonably believes— the confidential information is necessary for the research to be effective; and the opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person.
(sec.28-ssec.5) The principal commissioner may impose the conditions on the consent that the commissioner considers appropriate including, for example, a condition that the person must not disclose stated information to anyone else or use the information other than for a stated purpose.
(sec.28-ssec.6) The person must comply with any condition imposed on the consent unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.28-ssec.7) In this section— genuine researcher means— a person for whom an application for health information has been granted under the Public Health Act 2005 , chapter 6 , part 4 ; or a member of a quality assurance committee established under the Hospital and Health Boards Act 2011 , section 82 ; or another person who the principal commissioner considers is conducting genuine research. person includes a public entity.
(a) the person is a genuine researcher; and
(b) the information is reasonably necessary for research mentioned in subsection (1) .
(a) the confidential information is necessary for the research to be effective; and
(b) the opportunity for increased knowledge that may result from the research outweighs the need to protect the privacy of any living or dead person.
(a) a person for whom an application for health information has been granted under the Public Health Act 2005 , chapter 6 , part 4 ; or
(b) a member of a quality assurance committee established under the Hospital and Health Boards Act 2011 , section 82 ; or
(c) another person who the principal commissioner considers is conducting genuine research.
sec.29
Reports
sec.29 Reports
By 31 October in each year, the principal commissioner must prepare, and give to the Minister, a report about the following matters for the previous financial year—
the results of analysing information included in the register;
the commissioner’s activities relating to research under section 26 ;
any persons given access to information under section 28 ;
any recommendations the commissioner has made under section 26 about laws, policies, practices or services;
the extent to which previous recommendations of the commissioner have been implemented.
The principal commissioner may also prepare, and give to the Minister, other reports arising from the performance of the commissioner’s functions under section 26 .
The principal commissioner must not include in a report any comments adverse to an entity identifiable from the report, unless the entity has been given a copy of the comments and a reasonable opportunity to respond to them.
If the entity gives the principal commissioner a written statement in response to the comments and asks that the statement be included in the report, the commissioner must include the statement in the report.
However, the principal commissioner is not required by subsection (4) to include a statement so far as it contains information that the commissioner considers should not be publicly disclosed on the ground that—
disclosure of the information may adversely affect the outcome of an inquiry or investigation by a complaints entity or the Queensland Police Service, or an investigatory body established under a law of the Commonwealth; or
the information concerns a matter before a court.
It is a lawful excuse for the publication of any defamatory statement made in a report that the publication is made in good faith and is, or purports to be, made for this Act.
Within 14 sitting days after receiving a report under this section, the Minister must table it in the Legislative Assembly.
s 29 amd 2020 No. 2 s 22
(sec.29-ssec.1) By 31 October in each year, the principal commissioner must prepare, and give to the Minister, a report about the following matters for the previous financial year— the results of analysing information included in the register; the commissioner’s activities relating to research under section 26 ; any persons given access to information under section 28 ; any recommendations the commissioner has made under section 26 about laws, policies, practices or services; the extent to which previous recommendations of the commissioner have been implemented.
(sec.29-ssec.2) The principal commissioner may also prepare, and give to the Minister, other reports arising from the performance of the commissioner’s functions under section 26 .
(sec.29-ssec.3) The principal commissioner must not include in a report any comments adverse to an entity identifiable from the report, unless the entity has been given a copy of the comments and a reasonable opportunity to respond to them.
(sec.29-ssec.4) If the entity gives the principal commissioner a written statement in response to the comments and asks that the statement be included in the report, the commissioner must include the statement in the report.
(sec.29-ssec.5) However, the principal commissioner is not required by subsection (4) to include a statement so far as it contains information that the commissioner considers should not be publicly disclosed on the ground that— disclosure of the information may adversely affect the outcome of an inquiry or investigation by a complaints entity or the Queensland Police Service, or an investigatory body established under a law of the Commonwealth; or the information concerns a matter before a court.
(sec.29-ssec.6) It is a lawful excuse for the publication of any defamatory statement made in a report that the publication is made in good faith and is, or purports to be, made for this Act.
(sec.29-ssec.7) Within 14 sitting days after receiving a report under this section, the Minister must table it in the Legislative Assembly.
(a) the results of analysing information included in the register;
(b) the commissioner’s activities relating to research under section 26 ;
(c) any persons given access to information under section 28 ;
(d) any recommendations the commissioner has made under section 26 about laws, policies, practices or services;
(e) the extent to which previous recommendations of the commissioner have been implemented.
(a) disclosure of the information may adversely affect the outcome of an inquiry or investigation by a complaints entity or the Queensland Police Service, or an investigatory body established under a law of the Commonwealth; or
(b) the information concerns a matter before a court.
pt.3A
Child Death Review Board
Child Death Review Board
pt.3A-div.1
Preliminary
Preliminary
sec.29A
Purposes of board’s reviews
sec.29A Purposes of board’s reviews
This part establishes the Child Death Review Board to carry out systems reviews following child deaths connected to the child protection system.
The reviews consider matters relating to the provision of services to, and other interactions with, children and their families by government and non-government entities.
The reviews do not include an investigation of the death of any particular child.
The purposes of the reviews are—
to identify opportunities for continuous improvement in systems, legislation, policies and practices; and
to identify preventative mechanisms to help protect children and prevent deaths that may be avoidable.
s 29A ins 2020 No. 2 s 23
(sec.29A-ssec.1) This part establishes the Child Death Review Board to carry out systems reviews following child deaths connected to the child protection system.
(sec.29A-ssec.2) The reviews consider matters relating to the provision of services to, and other interactions with, children and their families by government and non-government entities.
(sec.29A-ssec.3) The reviews do not include an investigation of the death of any particular child.
(sec.29A-ssec.4) The purposes of the reviews are— to identify opportunities for continuous improvement in systems, legislation, policies and practices; and to identify preventative mechanisms to help protect children and prevent deaths that may be avoidable.
(a) to identify opportunities for continuous improvement in systems, legislation, policies and practices; and
(b) to identify preventative mechanisms to help protect children and prevent deaths that may be avoidable.
sec.29B
Child deaths connected to the child protection system
sec.29B Child deaths connected to the child protection system
For this part, a child death is connected to the child protection system if it is a child death in relation to which an internal agency review was carried out under the Child Protection Act 1999 , chapter 7A .
s 29B ins 2020 No. 2 s 23
pt.3A-div.2
Establishment, functions and powers
Establishment, functions and powers
sec.29C
Establishment
sec.29C Establishment
The Child Death Review Board is established.
s 29C ins 2020 No. 2 s 23
sec.29D
Functions
sec.29D Functions
The board has the following functions—
to carry out reviews relating to the child protection system following child deaths connected to the system;
to analyse data, and apply research, to identify patterns, trends and risk factors relevant to reviews under paragraph (a) ;
to carry out, or engage persons to carry out, research relevant to reviews under paragraph (a) ;
to make recommendations about—
improvements to systems, policies and practices for implementation by government and non-government entities that provide services to, or otherwise interact with, children and their families; and
legislative change;
to monitor the implementation of its recommendations.
s 29D ins 2020 No. 2 s 23
(a) to carry out reviews relating to the child protection system following child deaths connected to the system;
(b) to analyse data, and apply research, to identify patterns, trends and risk factors relevant to reviews under paragraph (a) ;
(c) to carry out, or engage persons to carry out, research relevant to reviews under paragraph (a) ;
(d) to make recommendations about— (i) improvements to systems, policies and practices for implementation by government and non-government entities that provide services to, or otherwise interact with, children and their families; and (ii) legislative change;
(i) improvements to systems, policies and practices for implementation by government and non-government entities that provide services to, or otherwise interact with, children and their families; and
(ii) legislative change;
(e) to monitor the implementation of its recommendations.
(i) improvements to systems, policies and practices for implementation by government and non-government entities that provide services to, or otherwise interact with, children and their families; and
(ii) legislative change;
sec.29E
Powers
sec.29E Powers
The board may do all things necessary or convenient to be done for or in connection with the performance of its functions.
Without limiting subsection (1) , the board may engage appropriately qualified persons to—
conduct research relevant to the board’s functions; or
provide legal advice relevant to the board’s functions; or
prepare reports to help the board perform its functions.
s 29E ins 2020 No. 2 s 23
(sec.29E-ssec.1) The board may do all things necessary or convenient to be done for or in connection with the performance of its functions.
(sec.29E-ssec.2) Without limiting subsection (1) , the board may engage appropriately qualified persons to— conduct research relevant to the board’s functions; or provide legal advice relevant to the board’s functions; or prepare reports to help the board perform its functions.
(a) conduct research relevant to the board’s functions; or
(b) provide legal advice relevant to the board’s functions; or
(c) prepare reports to help the board perform its functions.
sec.29F
Board must act independently and in the public interest
sec.29F Board must act independently and in the public interest
In performing its functions, the board must act independently and in the public interest.
Without limiting subsection (1) —
the board is not subject to direction by the Minister or anyone else about how it performs its functions; and
despite section 22 , a commissioner is not subject to direction by the Minister in performing the commissioner’s functions as the board’s chairperson or other board member.
See, however, section 29I under which the Minister may ask the board to carry out a stated review or to consider a stated system or issue as part of a review.
s 29F ins 2020 No. 2 s 23
(sec.29F-ssec.1) In performing its functions, the board must act independently and in the public interest.
(sec.29F-ssec.2) Without limiting subsection (1) — the board is not subject to direction by the Minister or anyone else about how it performs its functions; and despite section 22 , a commissioner is not subject to direction by the Minister in performing the commissioner’s functions as the board’s chairperson or other board member. See, however, section 29I under which the Minister may ask the board to carry out a stated review or to consider a stated system or issue as part of a review.
(a) the board is not subject to direction by the Minister or anyone else about how it performs its functions; and
(b) despite section 22 , a commissioner is not subject to direction by the Minister in performing the commissioner’s functions as the board’s chairperson or other board member.
sec.29G
Board to coordinate with other entities
sec.29G Board to coordinate with other entities
In performing its functions, the board must—
avoid unnecessary duplication of the processes carried out in other entities; and
to the extent it considers appropriate, coordinate its reviews and the reviews carried out by other entities.
s 29G ins 2020 No. 2 s 23
(a) avoid unnecessary duplication of the processes carried out in other entities; and
(b) to the extent it considers appropriate, coordinate its reviews and the reviews carried out by other entities.
pt.3A-div.3
Conduct of reviews
Conduct of reviews
sec.29H
Board may carry out reviews
sec.29H Board may carry out reviews
The board may carry out reviews for the purposes stated in section 29A .
The board must decide the extent of, and terms of reference for, each review.
The board may, for example, decide to review an issue, about a particular system, arising from internal agency reviews.
Under the Child Protection Act 1999 , section 245O , the board receives the reports prepared for internal agency reviews following child deaths.
Matters that the board may consider in a review include the following—
the effectiveness of, or interaction between—
services that were provided to a child or a child’s family before the child’s death; or
services provided to children or families that could have been, but were not, provided to a child or a child’s family before the child’s death;
issues relating to practices or systems that may expose children to risk;
ways of improving practices or systems relating to identifying or responding to risks;
ways of improving communication and collaboration between service providers.
The terms of reference for a review must not include considering whether disciplinary action should be taken against any person.
s 29H ins 2020 No. 2 s 23
(sec.29H-ssec.1) The board may carry out reviews for the purposes stated in section 29A .
(sec.29H-ssec.2) The board must decide the extent of, and terms of reference for, each review.
(sec.29H-ssec.3) The board may, for example, decide to review an issue, about a particular system, arising from internal agency reviews. Under the Child Protection Act 1999 , section 245O , the board receives the reports prepared for internal agency reviews following child deaths.
(sec.29H-ssec.4) Matters that the board may consider in a review include the following— the effectiveness of, or interaction between— services that were provided to a child or a child’s family before the child’s death; or services provided to children or families that could have been, but were not, provided to a child or a child’s family before the child’s death; issues relating to practices or systems that may expose children to risk; ways of improving practices or systems relating to identifying or responding to risks; ways of improving communication and collaboration between service providers.
(sec.29H-ssec.5) The terms of reference for a review must not include considering whether disciplinary action should be taken against any person.
(a) the effectiveness of, or interaction between— (i) services that were provided to a child or a child’s family before the child’s death; or (ii) services provided to children or families that could have been, but were not, provided to a child or a child’s family before the child’s death;
(i) services that were provided to a child or a child’s family before the child’s death; or
(ii) services provided to children or families that could have been, but were not, provided to a child or a child’s family before the child’s death;
(b) issues relating to practices or systems that may expose children to risk;
(c) ways of improving practices or systems relating to identifying or responding to risks;
(d) ways of improving communication and collaboration between service providers.
(i) services that were provided to a child or a child’s family before the child’s death; or
(ii) services provided to children or families that could have been, but were not, provided to a child or a child’s family before the child’s death;
sec.29I
Minister may ask board to carry out review
sec.29I Minister may ask board to carry out review
In exceptional circumstances, the Minister may ask the board to carry out a stated review, or to consider a stated system or issue as part of a review, if the Minister considers it would be appropriate, having regard to the purposes stated in section 29A .
The matters to which a request relates may include matters relating to the child protection system other than child deaths connected to the system.
A request may relate to an issue arising from the serious physical injury of a child, or from a child death not connected to the child protection system, if the injury or death is relevant to the child protection system.
The board must comply with the Minister’s request.
The board must—
for a request to carry out a review—decide the extent of, and terms of reference for, the review; and
after completing the review that was requested or to which the request relates—
advise the Minister of the outcomes; and
if appropriate, include the outcomes in a report under section 29J or 29K .
This section applies despite section 29F .
s 29I ins 2020 No. 2 s 23
(sec.29I-ssec.1) In exceptional circumstances, the Minister may ask the board to carry out a stated review, or to consider a stated system or issue as part of a review, if the Minister considers it would be appropriate, having regard to the purposes stated in section 29A .
(sec.29I-ssec.2) The matters to which a request relates may include matters relating to the child protection system other than child deaths connected to the system. A request may relate to an issue arising from the serious physical injury of a child, or from a child death not connected to the child protection system, if the injury or death is relevant to the child protection system.
(sec.29I-ssec.3) The board must comply with the Minister’s request.
(sec.29I-ssec.4) The board must— for a request to carry out a review—decide the extent of, and terms of reference for, the review; and after completing the review that was requested or to which the request relates— advise the Minister of the outcomes; and if appropriate, include the outcomes in a report under section 29J or 29K .
(sec.29I-ssec.5) This section applies despite section 29F .
(a) for a request to carry out a review—decide the extent of, and terms of reference for, the review; and
(b) after completing the review that was requested or to which the request relates— (i) advise the Minister of the outcomes; and (ii) if appropriate, include the outcomes in a report under section 29J or 29K .
(i) advise the Minister of the outcomes; and
(ii) if appropriate, include the outcomes in a report under section 29J or 29K .
(i) advise the Minister of the outcomes; and
(ii) if appropriate, include the outcomes in a report under section 29J or 29K .
pt.3A-div.4
Reporting
Reporting
sec.29J
Annual reports
sec.29J Annual reports
By 31 October after the end of each financial year, the board must give the Minister a report of its operations during the financial year.
The report may include—
recommendations made under section 29D (d) ; and
information about the progress made by government or non-government entities in the implementation of previous recommendations of the board.
Within 14 sitting days after receiving the report, the Minister must table a copy in the Legislative Assembly.
s 29J ins 2020 No. 2 s 23
(sec.29J-ssec.1) By 31 October after the end of each financial year, the board must give the Minister a report of its operations during the financial year.
(sec.29J-ssec.2) The report may include— recommendations made under section 29D (d) ; and information about the progress made by government or non-government entities in the implementation of previous recommendations of the board.
(sec.29J-ssec.3) Within 14 sitting days after receiving the report, the Minister must table a copy in the Legislative Assembly.
(a) recommendations made under section 29D (d) ; and
(b) information about the progress made by government or non-government entities in the implementation of previous recommendations of the board.
sec.29K
Other reports
sec.29K Other reports
At any time, the board may prepare a report about the outcomes of a review or another matter arising from the performance of its functions.
The board may give a report to the Minister and, if so, must also give the Minister a recommendation about whether the report should be tabled in the Legislative Assembly.
In deciding whether to table a report in the Legislative Assembly, the Minister must have regard to whether it includes—
personal information about an individual; or
information that may prejudice the investigation of a contravention or possible contravention of the law; or
anything else relevant to whether tabling the report would be in the public interest.
If a report includes a matter mentioned in subsection (3) (a) or (b) , or a recommendation made under section 29D (d) , the board must not publish the report to the public unless the Minister has tabled the report.
If a matter in a report is relevant to the functions of a relevant agency, the board may give a copy of the report to the chief executive of the agency.
In this section—
personal information see the Information Privacy Act 2009 , section 12 .
s 29K ins 2020 No. 2 s 23
(sec.29K-ssec.1) At any time, the board may prepare a report about the outcomes of a review or another matter arising from the performance of its functions.
(sec.29K-ssec.2) The board may give a report to the Minister and, if so, must also give the Minister a recommendation about whether the report should be tabled in the Legislative Assembly.
(sec.29K-ssec.3) In deciding whether to table a report in the Legislative Assembly, the Minister must have regard to whether it includes— personal information about an individual; or information that may prejudice the investigation of a contravention or possible contravention of the law; or anything else relevant to whether tabling the report would be in the public interest.
(sec.29K-ssec.4) If a report includes a matter mentioned in subsection (3) (a) or (b) , or a recommendation made under section 29D (d) , the board must not publish the report to the public unless the Minister has tabled the report.
(sec.29K-ssec.5) If a matter in a report is relevant to the functions of a relevant agency, the board may give a copy of the report to the chief executive of the agency.
(sec.29K-ssec.6) In this section— personal information see the Information Privacy Act 2009 , section 12 .
(a) personal information about an individual; or
(b) information that may prejudice the investigation of a contravention or possible contravention of the law; or
(c) anything else relevant to whether tabling the report would be in the public interest.
sec.29L
Consultation before including particular information in reports
sec.29L Consultation before including particular information in reports
The board must not include in a report under section 29J or 29K any adverse information about an entity identifiable from the report unless the entity has been given a copy of the information and is allowed a reasonable opportunity to make a submission about it.
If an entity makes a submission under subsection (1) , the board—
must have regard to the submission before finalising the report; and
must not include the information in the report unless the board also includes the entity’s submission, or a fair summary of it, in the report.
If the board proposes to recommend in a report that a particular entity take particular action, the board must consult with the entity, and any other entities likely to be affected, about the recommendation before finalising the report.
In this section—
information includes comment.
s 29L ins 2020 No. 2 s 23
(sec.29L-ssec.1) The board must not include in a report under section 29J or 29K any adverse information about an entity identifiable from the report unless the entity has been given a copy of the information and is allowed a reasonable opportunity to make a submission about it.
(sec.29L-ssec.2) If an entity makes a submission under subsection (1) , the board— must have regard to the submission before finalising the report; and must not include the information in the report unless the board also includes the entity’s submission, or a fair summary of it, in the report.
(sec.29L-ssec.3) If the board proposes to recommend in a report that a particular entity take particular action, the board must consult with the entity, and any other entities likely to be affected, about the recommendation before finalising the report.
(sec.29L-ssec.4) In this section— information includes comment.
(a) must have regard to the submission before finalising the report; and
(b) must not include the information in the report unless the board also includes the entity’s submission, or a fair summary of it, in the report.
sec.29M
Board may respond to internal agency review reports
sec.29M Board may respond to internal agency review reports
The board may provide comments and information to an agency head or the litigation director in response to a report received under the Child Protection Act 1999 , section 245O .
The board must not include the comments or information in a report under section 29J or 29K or another document published to the public.
s 29M ins 2020 No. 2 s 23
(sec.29M-ssec.1) The board may provide comments and information to an agency head or the litigation director in response to a report received under the Child Protection Act 1999 , section 245O .
(sec.29M-ssec.2) The board must not include the comments or information in a report under section 29J or 29K or another document published to the public.
pt.3A-div.5
Information sharing and protection from liability
Information sharing and protection from liability
sec.29N
Definitions for div 5
sec.29N Definitions for div 5
In this division—
chairperson means the chairperson of the board.
information includes a document.
s 29N ins 2020 No. 2 s 23
sec.29O
Underlying principle
sec.29O Underlying principle
It is a principle underlying this part that public entities should give information requested by the chairperson for the purpose of the board’s functions—
in a timely way; and
to the extent that is appropriate, having regard to—
the relevance of the information to the board’s functions; and
the effect of giving the information on the safety, wellbeing and best interests of children.
s 29O ins 2020 No. 2 s 23
(a) in a timely way; and
(b) to the extent that is appropriate, having regard to— (i) the relevance of the information to the board’s functions; and (ii) the effect of giving the information on the safety, wellbeing and best interests of children.
(i) the relevance of the information to the board’s functions; and
(ii) the effect of giving the information on the safety, wellbeing and best interests of children.
(i) the relevance of the information to the board’s functions; and
(ii) the effect of giving the information on the safety, wellbeing and best interests of children.
sec.29P
Information may be given to chairperson
sec.29P Information may be given to chairperson
The chairperson may ask any entity for stated information for the purpose of the board’s functions.
Any entity may give confidential information to the chairperson for the purpose of the board’s functions, whether or not the chairperson has requested the information.
a public entity
a non-government agency that provides a service to children or families
a private hospital
a medical practitioner
the principal of a school
the approved provider of an education and care service
s 29P ins 2020 No. 2 s 23
(sec.29P-ssec.1) The chairperson may ask any entity for stated information for the purpose of the board’s functions.
(sec.29P-ssec.2) Any entity may give confidential information to the chairperson for the purpose of the board’s functions, whether or not the chairperson has requested the information. a public entity a non-government agency that provides a service to children or families a private hospital a medical practitioner the principal of a school the approved provider of an education and care service
• a public entity
• a non-government agency that provides a service to children or families
• a private hospital
• a medical practitioner
• the principal of a school
• the approved provider of an education and care service
sec.29Q
Chairperson may disclose confidential information
sec.29Q Chairperson may disclose confidential information
The chairperson may disclose confidential information to an entity for the performance of the board’s functions under this part, including for the purpose of—
obtaining information the chairperson requests under section 29P (1) ; or
performing the board’s functions in the way stated in section 29G .
This section does not limit section 36 (3) .
s 29Q ins 2020 No. 2 s 23
(sec.29Q-ssec.1) The chairperson may disclose confidential information to an entity for the performance of the board’s functions under this part, including for the purpose of— obtaining information the chairperson requests under section 29P (1) ; or performing the board’s functions in the way stated in section 29G .
(sec.29Q-ssec.2) This section does not limit section 36 (3) .
(a) obtaining information the chairperson requests under section 29P (1) ; or
(b) performing the board’s functions in the way stated in section 29G .
sec.29R
Information sharing arrangements
sec.29R Information sharing arrangements
The chairperson may enter into an arrangement with the commission, the State Coroner, the Domestic and Family Violence Death Review and Advisory Board or another entity about sharing or exchanging information under this part.
The chairperson may enter into an information sharing arrangement with the State Coroner that includes arrangements for obtaining investigation documents under the Coroners Act 2003 , section 54 .
s 29R ins 2020 No. 2 s 23
sec.29S
Interaction with other laws
sec.29S Interaction with other laws
This part does not limit a power or obligation under another Act or law to give information.
Information may be given under this part despite any other law that would otherwise prohibit or restrict the giving of the information.
However, if a person may claim privilege in relation to information under another Act or law, the privilege is not affected only because the information may be, or is, disclosed under this part.
s 29S ins 2020 No. 2 s 23
(sec.29S-ssec.1) This part does not limit a power or obligation under another Act or law to give information.
(sec.29S-ssec.2) Information may be given under this part despite any other law that would otherwise prohibit or restrict the giving of the information.
(sec.29S-ssec.3) However, if a person may claim privilege in relation to information under another Act or law, the privilege is not affected only because the information may be, or is, disclosed under this part.
sec.29T
Protection from liability for giving information
sec.29T Protection from liability for giving information
This section applies if a person, acting honestly, gives information under this part.
The person is not liable, civilly, criminally or under an administrative process, for giving the information.
Also, merely because the person gives the information, the person can not be held to have—
breached any code of professional etiquette or ethics; or
departed from accepted standards of professional conduct.
Without limiting subsections (2) and (3) —
in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—
does not contravene the Act , oath or rule of law or practice by giving the information; and
is not liable to disciplinary action for giving the information.
s 29T ins 2020 No. 2 s 23
(sec.29T-ssec.1) This section applies if a person, acting honestly, gives information under this part.
(sec.29T-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.
(sec.29T-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.
(sec.29T-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.
(a) breached any code of professional etiquette or ethics; or
(b) departed from accepted standards of professional conduct.
(a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.
(i) does not contravene the Act , oath or rule of law or practice by giving the information; and
(ii) is not liable to disciplinary action for giving the information.
(i) does not contravene the Act , oath or rule of law or practice by giving the information; and
(ii) is not liable to disciplinary action for giving the information.
sec.29U
No liability for defamation if report made in good faith
sec.29U No liability for defamation if report made in good faith
It is a lawful excuse for the publication of a defamatory statement made in a report under this part that the publication is made in good faith and is, or purports to be, made for this Act.
s 29U ins 2020 No. 2 s 23
pt.3A-div.6
Membership of board
Membership of board
sec.29V
Composition of board
sec.29V Composition of board
The board consists of the chairperson and not more than 11 other members appointed by the Minister.
s 29V ins 2020 No. 2 s 23
sec.29W
Chairperson
sec.29W Chairperson
The Minister must appoint the principal commissioner or another commissioner as the chairperson.
The chairperson is responsible for leading the board, and directing its activities, to ensure it appropriately performs its functions.
The chairperson holds office for the term stated in the person’s instrument of appointment as chairperson.
A person ceases to be chairperson if the person—
resigns office as chairperson by signed notice given to the Minister; or
ceases to be a commissioner.
s 29W ins 2020 No. 2 s 23
(sec.29W-ssec.1) The Minister must appoint the principal commissioner or another commissioner as the chairperson.
(sec.29W-ssec.2) The chairperson is responsible for leading the board, and directing its activities, to ensure it appropriately performs its functions.
(sec.29W-ssec.3) The chairperson holds office for the term stated in the person’s instrument of appointment as chairperson.
(sec.29W-ssec.4) A person ceases to be chairperson if the person— resigns office as chairperson by signed notice given to the Minister; or ceases to be a commissioner.
(a) resigns office as chairperson by signed notice given to the Minister; or
(b) ceases to be a commissioner.
sec.29X
Other members
sec.29X Other members
This section applies to the board members other than the chairperson.
The Minister may appoint a person as a member of the board if satisfied the person is eligible and suitable for appointment.
A person is eligible for appointment if the person—
has expertise in the field of paediatrics and child health, forensic pathology, mental health, investigations or child protection; or
has expertise in litigation relating to child protection proceedings or proceedings of a similar nature; or
is otherwise, because of the person’s qualifications, experience or membership of an entity, likely to make a valuable contribution to the work of the board.
However, a person is ineligible for appointment if the person—
has a conviction for an indictable offence; or
is an insolvent under administration; or
is a member of the Legislative Assembly.
The Minister must not appoint a person if the person does not consent to a criminal history check before appointment.
Without limiting the matters to which the Minister may have regard in deciding a person’s suitability for appointment, the Minister may have regard to the person’s criminal history.
The Minister must ensure the board’s membership—
reflects the social and cultural diversity of the Queensland community; and
includes at least 1 Aboriginal or Torres Strait Islander person; and
includes persons with a range of experience, knowledge or skills relevant to the board’s functions; and
does not include a majority of persons who are public service employees.
s 29X ins 2020 No. 2 s 23
amd 2023 No. 23 s 247 sch 1 s 2 (2)
(sec.29X-ssec.1) This section applies to the board members other than the chairperson.
(sec.29X-ssec.2) The Minister may appoint a person as a member of the board if satisfied the person is eligible and suitable for appointment.
(sec.29X-ssec.3) A person is eligible for appointment if the person— has expertise in the field of paediatrics and child health, forensic pathology, mental health, investigations or child protection; or has expertise in litigation relating to child protection proceedings or proceedings of a similar nature; or is otherwise, because of the person’s qualifications, experience or membership of an entity, likely to make a valuable contribution to the work of the board.
(sec.29X-ssec.4) However, a person is ineligible for appointment if the person— has a conviction for an indictable offence; or is an insolvent under administration; or is a member of the Legislative Assembly.
(sec.29X-ssec.5) The Minister must not appoint a person if the person does not consent to a criminal history check before appointment.
(sec.29X-ssec.6) Without limiting the matters to which the Minister may have regard in deciding a person’s suitability for appointment, the Minister may have regard to the person’s criminal history.
(sec.29X-ssec.7) The Minister must ensure the board’s membership— reflects the social and cultural diversity of the Queensland community; and includes at least 1 Aboriginal or Torres Strait Islander person; and includes persons with a range of experience, knowledge or skills relevant to the board’s functions; and does not include a majority of persons who are public service employees.
(a) has expertise in the field of paediatrics and child health, forensic pathology, mental health, investigations or child protection; or
(b) has expertise in litigation relating to child protection proceedings or proceedings of a similar nature; or
(c) is otherwise, because of the person’s qualifications, experience or membership of an entity, likely to make a valuable contribution to the work of the board.
(a) has a conviction for an indictable offence; or
(b) is an insolvent under administration; or
(c) is a member of the Legislative Assembly.
(a) reflects the social and cultural diversity of the Queensland community; and
(b) includes at least 1 Aboriginal or Torres Strait Islander person; and
(c) includes persons with a range of experience, knowledge or skills relevant to the board’s functions; and
(d) does not include a majority of persons who are public service employees.
sec.29Y
Deputy chairperson
sec.29Y Deputy chairperson
The Minister may appoint a board member to be the deputy chairperson.
If the chairperson is not an Aboriginal or Torres Strait Islander person, the Minister must appoint a board member who is an Aboriginal or Torres Strait Islander person as deputy chairperson.
The Minister may not appoint a board member who is a commissioner as deputy chairperson.
A person may be appointed as a board member and deputy chairperson at the same time.
A person ceases to be deputy chairperson if the person—
resigns office as deputy chairperson by signed notice given to the Minister; or
ceases to be a board member.
The deputy chairperson is to act as chairperson—
during a vacancy in the office of chairperson; and
during all periods when the chairperson is absent or can not perform the functions of the office.
s 29Y ins 2020 No. 2 s 23
(sec.29Y-ssec.1) The Minister may appoint a board member to be the deputy chairperson.
(sec.29Y-ssec.2) If the chairperson is not an Aboriginal or Torres Strait Islander person, the Minister must appoint a board member who is an Aboriginal or Torres Strait Islander person as deputy chairperson.
(sec.29Y-ssec.3) The Minister may not appoint a board member who is a commissioner as deputy chairperson.
(sec.29Y-ssec.4) A person may be appointed as a board member and deputy chairperson at the same time.
(sec.29Y-ssec.5) A person ceases to be deputy chairperson if the person— resigns office as deputy chairperson by signed notice given to the Minister; or ceases to be a board member.
(sec.29Y-ssec.6) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent or can not perform the functions of the office.
(a) resigns office as deputy chairperson by signed notice given to the Minister; or
(b) ceases to be a board member.
(a) during a vacancy in the office of chairperson; and
(b) during all periods when the chairperson is absent or can not perform the functions of the office.
sec.29Z
Conditions of appointment
sec.29Z Conditions of appointment
A board member is to be paid the remuneration and allowances decided by the Minister.
A board member who is a prescribed person under the Public Sector Act 2022 , section 267 is not entitled to be paid remuneration for holding office as a member.
For matters not provided for by this Act, a board member holds office on the terms and conditions decided by the Minister.
s 29Z ins 2020 No. 2 s 23
amd 2022 No. 34 s 356 sch 3
(sec.29Z-ssec.1) A board member is to be paid the remuneration and allowances decided by the Minister.
(sec.29Z-ssec.2) A board member who is a prescribed person under the Public Sector Act 2022 , section 267 is not entitled to be paid remuneration for holding office as a member.
(sec.29Z-ssec.3) For matters not provided for by this Act, a board member holds office on the terms and conditions decided by the Minister.
sec.29ZA
Term of appointment
sec.29ZA Term of appointment
A board member is appointed for the term, of not more than 3 years, stated in the member’s instrument of appointment.
A board member may be reappointed.
s 29ZA ins 2020 No. 2 s 23
(sec.29ZA-ssec.1) A board member is appointed for the term, of not more than 3 years, stated in the member’s instrument of appointment.
(sec.29ZA-ssec.2) A board member may be reappointed.
sec.29ZB
Vacation of office
sec.29ZB Vacation of office
The office of a board member becomes vacant if—
the member—
completes the member’s term of office and is not reappointed; or
resigns from office by signed notice given to the Minister; or
becomes ineligible for appointment under section 29X (4) ; or
the Minister ends the member’s appointment under subsection (2) .
The Minister may, by signed notice given to a board member, terminate the member’s appointment if—
the member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or
the Minister is satisfied the member is incapable of satisfactorily performing the member’s functions.
s 29ZB ins 2020 No. 2 s 23
(sec.29ZB-ssec.1) The office of a board member becomes vacant if— the member— completes the member’s term of office and is not reappointed; or resigns from office by signed notice given to the Minister; or becomes ineligible for appointment under section 29X (4) ; or the Minister ends the member’s appointment under subsection (2) .
(sec.29ZB-ssec.2) The Minister may, by signed notice given to a board member, terminate the member’s appointment if— the member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or the Minister is satisfied the member is incapable of satisfactorily performing the member’s functions.
(a) the member— (i) completes the member’s term of office and is not reappointed; or (ii) resigns from office by signed notice given to the Minister; or (iii) becomes ineligible for appointment under section 29X (4) ; or
(i) completes the member’s term of office and is not reappointed; or
(ii) resigns from office by signed notice given to the Minister; or
(iii) becomes ineligible for appointment under section 29X (4) ; or
(b) the Minister ends the member’s appointment under subsection (2) .
(i) completes the member’s term of office and is not reappointed; or
(ii) resigns from office by signed notice given to the Minister; or
(iii) becomes ineligible for appointment under section 29X (4) ; or
(a) the member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or
(b) the Minister is satisfied the member is incapable of satisfactorily performing the member’s functions.
sec.29ZC
Criminal history reports
sec.29ZC Criminal history reports
This section applies in relation to—
a person who has consented to a criminal history check for the purpose of the person’s appointment as a board member; and
a board member.
The Minister may ask the police commissioner for—
the person’s criminal history; and
a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history.
The police commissioner must comply with the request in relation to information in the police commissioner’s possession or to which the police commissioner has access.
The Minister must destroy a report given to the Minister under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.
s 29ZC ins 2020 No. 2 s 23
(sec.29ZC-ssec.1) This section applies in relation to— a person who has consented to a criminal history check for the purpose of the person’s appointment as a board member; and a board member.
(sec.29ZC-ssec.2) The Minister may ask the police commissioner for— the person’s criminal history; and a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history.
(sec.29ZC-ssec.3) The police commissioner must comply with the request in relation to information in the police commissioner’s possession or to which the police commissioner has access.
(sec.29ZC-ssec.4) The Minister must destroy a report given to the Minister under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.
(a) a person who has consented to a criminal history check for the purpose of the person’s appointment as a board member; and
(b) a board member.
(a) the person’s criminal history; and
(b) a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history.
sec.29ZD
Members must disclose new convictions
sec.29ZD Members must disclose new convictions
This section applies if a person is convicted of an indictable offence during the term of the person’s appointment as a board member.
The person must immediately give notice of the conviction to the Minister under this section, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
The notice must include—
the existence of the conviction; and
when the offence was committed; and
details adequate to identify the offence; and
the sentence imposed on the person.
s 29ZD ins 2020 No. 2 s 23
(sec.29ZD-ssec.1) This section applies if a person is convicted of an indictable offence during the term of the person’s appointment as a board member.
(sec.29ZD-ssec.2) The person must immediately give notice of the conviction to the Minister under this section, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.29ZD-ssec.3) The notice must include— the existence of the conviction; and when the offence was committed; and details adequate to identify the offence; and the sentence imposed on the person.
(a) the existence of the conviction; and
(b) when the offence was committed; and
(c) details adequate to identify the offence; and
(d) the sentence imposed on the person.
pt.3A-div.7
Proceedings of the board
Proceedings of the board
sec.29ZE
Time and place of meetings
sec.29ZE Time and place of meetings
The board may hold its meetings when and where it decides.
The chairperson—
may call a meeting at any time; and
must call a meeting if asked by at least 3 other members.
s 29ZE ins 2020 No. 2 s 23
(sec.29ZE-ssec.1) The board may hold its meetings when and where it decides.
(sec.29ZE-ssec.2) The chairperson— may call a meeting at any time; and must call a meeting if asked by at least 3 other members.
(a) may call a meeting at any time; and
(b) must call a meeting if asked by at least 3 other members.
sec.29ZF
Quorum
sec.29ZF Quorum
A quorum for a meeting is at least half of the board members, including at least 1 member who is an Aboriginal or Torres Strait Islander person.
s 29ZF ins 2020 No. 2 s 23
sec.29ZG
Presiding at meetings
sec.29ZG Presiding at meetings
The chairperson is to preside at all meetings at which the chairperson is present.
If the chairperson is not present at a meeting, the deputy chairperson is to preside.
If neither the chairperson nor the deputy chairperson is present at a meeting, the board member chosen by the members present is to preside.
s 29ZG ins 2020 No. 2 s 23
(sec.29ZG-ssec.1) The chairperson is to preside at all meetings at which the chairperson is present.
(sec.29ZG-ssec.2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.
(sec.29ZG-ssec.3) If neither the chairperson nor the deputy chairperson is present at a meeting, the board member chosen by the members present is to preside.
sec.29ZH
Conduct of meetings
sec.29ZH Conduct of meetings
Subject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.
The board may hold meetings, or allow board members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.
A board member who takes part in a meeting under subsection (2) is taken to be present at the meeting.
A question at a meeting is to be decided by a majority of the votes of the board members present at the meeting.
If the votes are equal, the board member presiding has a casting vote.
A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—
at least half of the board members give written agreement to the resolution; and
notice of the resolution is given under procedures approved by the board.
The board may invite persons other than board members to attend a meeting to advise or inform the board about any matter.
s 29ZH ins 2020 No. 2 s 23
(sec.29ZH-ssec.1) Subject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.
(sec.29ZH-ssec.2) The board may hold meetings, or allow board members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.
(sec.29ZH-ssec.3) A board member who takes part in a meeting under subsection (2) is taken to be present at the meeting.
(sec.29ZH-ssec.4) A question at a meeting is to be decided by a majority of the votes of the board members present at the meeting.
(sec.29ZH-ssec.5) If the votes are equal, the board member presiding has a casting vote.
(sec.29ZH-ssec.6) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— at least half of the board members give written agreement to the resolution; and notice of the resolution is given under procedures approved by the board.
(sec.29ZH-ssec.7) The board may invite persons other than board members to attend a meeting to advise or inform the board about any matter.
(a) at least half of the board members give written agreement to the resolution; and
(b) notice of the resolution is given under procedures approved by the board.
sec.29ZI
Minutes and other records
sec.29ZI Minutes and other records
The board must keep—
minutes of its meetings; and
a record of its decisions and resolutions.
s 29ZI ins 2020 No. 2 s 23
(a) minutes of its meetings; and
(b) a record of its decisions and resolutions.
sec.29ZJ
Disclosure of interests
sec.29ZJ Disclosure of interests
This section applies if—
a board member has a direct or indirect interest in a matter being considered, or about to be considered, at a meeting; and
the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.
As soon as practicable after the relevant facts come to the board member’s knowledge, the member must disclose the nature of the interest at a meeting.
Particulars of the disclosure must be recorded by the board in a register of interests kept for the purpose.
Unless the board otherwise directs, the board member must not—
be present when the board considers the matter; or
take part in a decision of the board about the matter.
The board member must not be present when the board is considering whether to give a direction under subsection (4) .
A contravention of this section does not invalidate a decision of the board.
However, if the board becomes aware the board member contravened this section, the board must reconsider a decision made by the board in which the member took part in contravention of this section.
s 29ZJ ins 2020 No. 2 s 23
(sec.29ZJ-ssec.1) This section applies if— a board member has a direct or indirect interest in a matter being considered, or about to be considered, at a meeting; and the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.
(sec.29ZJ-ssec.2) As soon as practicable after the relevant facts come to the board member’s knowledge, the member must disclose the nature of the interest at a meeting.
(sec.29ZJ-ssec.3) Particulars of the disclosure must be recorded by the board in a register of interests kept for the purpose.
(sec.29ZJ-ssec.4) Unless the board otherwise directs, the board member must not— be present when the board considers the matter; or take part in a decision of the board about the matter.
(sec.29ZJ-ssec.5) The board member must not be present when the board is considering whether to give a direction under subsection (4) .
(sec.29ZJ-ssec.6) A contravention of this section does not invalidate a decision of the board.
(sec.29ZJ-ssec.7) However, if the board becomes aware the board member contravened this section, the board must reconsider a decision made by the board in which the member took part in contravention of this section.
(a) a board member has a direct or indirect interest in a matter being considered, or about to be considered, at a meeting; and
(b) the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.
(a) be present when the board considers the matter; or
(b) take part in a decision of the board about the matter.
sec.29ZK
Attendance by proxy
sec.29ZK Attendance by proxy
A board member may attend a meeting of the board by proxy.
The proxy holder—
may participate in the meeting, but not vote, on the board member’s behalf; and
is not entitled to preside at the meeting only because the person is the proxy holder for the chairperson or deputy chairperson; and
is not counted for the purpose of deciding whether a quorum is present under section 29ZF .
For section 29ZB (2) (a) , an absent board member is not taken to have attended a meeting only because a proxy holder for the member attended the meeting.
s 29ZK ins 2020 No. 2 s 23
(sec.29ZK-ssec.1) A board member may attend a meeting of the board by proxy.
(sec.29ZK-ssec.2) The proxy holder— may participate in the meeting, but not vote, on the board member’s behalf; and is not entitled to preside at the meeting only because the person is the proxy holder for the chairperson or deputy chairperson; and is not counted for the purpose of deciding whether a quorum is present under section 29ZF .
(sec.29ZK-ssec.3) For section 29ZB (2) (a) , an absent board member is not taken to have attended a meeting only because a proxy holder for the member attended the meeting.
(a) may participate in the meeting, but not vote, on the board member’s behalf; and
(b) is not entitled to preside at the meeting only because the person is the proxy holder for the chairperson or deputy chairperson; and
(c) is not counted for the purpose of deciding whether a quorum is present under section 29ZF .
pt.4
Advisory councils
Advisory councils
sec.30
Establishment
sec.30 Establishment
The principal commissioner may establish 1 or more advisory councils, as the commissioner considers appropriate, to advise on matters relating to the commission’s functions.
sec.31
Membership
sec.31 Membership
An advisory council has the membership decided by the principal commissioner.
However, the principal commissioner must ensure that at least 1 member of each advisory council is an Aboriginal person or a Torres Strait Islander.
The principal commissioner may appoint a person to an advisory council only if the commissioner is satisfied the person is appropriately qualified to advise on the matters referred to the council by the commissioner.
(sec.31-ssec.1) An advisory council has the membership decided by the principal commissioner.
(sec.31-ssec.2) However, the principal commissioner must ensure that at least 1 member of each advisory council is an Aboriginal person or a Torres Strait Islander.
(sec.31-ssec.3) The principal commissioner may appoint a person to an advisory council only if the commissioner is satisfied the person is appropriately qualified to advise on the matters referred to the council by the commissioner.
sec.32
Function
sec.32 Function
An advisory council’s function is to help the commission to effectively and efficiently perform the commission’s functions by advising on matters referred to it by the principal commissioner.
It is not an advisory council’s function to advise the principal commissioner on the day-to-day management of the commission.
(sec.32-ssec.1) An advisory council’s function is to help the commission to effectively and efficiently perform the commission’s functions by advising on matters referred to it by the principal commissioner.
(sec.32-ssec.2) It is not an advisory council’s function to advise the principal commissioner on the day-to-day management of the commission.
sec.33
Dissolution
sec.33 Dissolution
The principal commissioner may dissolve an advisory council at any time.
sec.34
Other matters
sec.34 Other matters
The principal commissioner may decide matters about an advisory council that are not provided for under this Act, including, for example—
the terms on which the members of an advisory council hold office; and
the way in which the advisory council must conduct meetings or report to the principal commissioner.
(a) the terms on which the members of an advisory council hold office; and
(b) the way in which the advisory council must conduct meetings or report to the principal commissioner.
pt.5
Miscellaneous
Miscellaneous
pt.5-div.1
Provisions about information
Provisions about information
sec.35
Requests by principal commissioner for general information
sec.35 Requests by principal commissioner for general information
Subsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of a commissioner’s functions, other than the principal commissioner’s functions under part 3 .
The principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time.
The public entity must comply with the request unless the entity reasonably considers the disclosure of the information—
is prohibited under an Act; or
is impracticable; or
would prejudice the investigation of a contravention, or possible contravention, of the law; or
would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or
would endanger a person’s life or physical safety.
If the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal.
This section does not apply to confidential information.
(sec.35-ssec.1) Subsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of a commissioner’s functions, other than the principal commissioner’s functions under part 3 .
(sec.35-ssec.2) The principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time.
(sec.35-ssec.3) The public entity must comply with the request unless the entity reasonably considers the disclosure of the information— is prohibited under an Act; or is impracticable; or would prejudice the investigation of a contravention, or possible contravention, of the law; or would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or would endanger a person’s life or physical safety.
(sec.35-ssec.4) If the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal.
(sec.35-ssec.5) This section does not apply to confidential information.
(a) is prohibited under an Act; or
(b) is impracticable; or
(c) would prejudice the investigation of a contravention, or possible contravention, of the law; or
(d) would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or
(e) would endanger a person’s life or physical safety.
sec.36
Confidentiality of information
sec.36 Confidentiality of information
If a person gains confidential information through involvement in the administration of this Act, the person must not—
make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or
recklessly disclose the information to anyone.
Maximum penalty—200 penalty units.
A person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being—
the Minister or a member of the Minister’s staff; or
a commissioner; or
a member of the board; or
a staff member of the commission; or
a person consulted or employed by the commission for this Act; or
a member of an advisory council.
A person may make a record of confidential information or disclose it to someone else—
if the principal commissioner decides the information may be disclosed under subsection (4) ; or
under this Act; or
as authorised or required under another law; or
in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or
with the written consent of the person to whom the information relates.
The principal commissioner may decide to disclose confidential information to a person if the commissioner is satisfied—
the disclosure is reasonably necessary—
to prevent or minimise the risk of harm to anyone; or
to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and
the public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person.
s 36 amd 2020 No. 2 s 24
(sec.36-ssec.1) If a person gains confidential information through involvement in the administration of this Act, the person must not— make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or recklessly disclose the information to anyone. Maximum penalty—200 penalty units.
(sec.36-ssec.2) A person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being— the Minister or a member of the Minister’s staff; or a commissioner; or a member of the board; or a staff member of the commission; or a person consulted or employed by the commission for this Act; or a member of an advisory council.
(sec.36-ssec.3) A person may make a record of confidential information or disclose it to someone else— if the principal commissioner decides the information may be disclosed under subsection (4) ; or under this Act; or as authorised or required under another law; or in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or with the written consent of the person to whom the information relates.
(sec.36-ssec.4) The principal commissioner may decide to disclose confidential information to a person if the commissioner is satisfied— the disclosure is reasonably necessary— to prevent or minimise the risk of harm to anyone; or to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and the public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person.
(a) make a record of the information or intentionally disclose the information to anyone, other than under subsection (3) ; or
(b) recklessly disclose the information to anyone.
(a) the Minister or a member of the Minister’s staff; or
(b) a commissioner; or
(c) a member of the board; or
(d) a staff member of the commission; or
(e) a person consulted or employed by the commission for this Act; or
(f) a member of an advisory council.
(a) if the principal commissioner decides the information may be disclosed under subsection (4) ; or
(b) under this Act; or
(c) as authorised or required under another law; or
(d) in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or
(e) with the written consent of the person to whom the information relates.
(a) the disclosure is reasonably necessary— (i) to prevent or minimise the risk of harm to anyone; or (ii) to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and
(i) to prevent or minimise the risk of harm to anyone; or
(ii) to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and
(b) the public interest in preventing or minimising the risk of harm outweighs the need to protect the privacy of any living or dead person.
(i) to prevent or minimise the risk of harm to anyone; or
(ii) to improve the performance of a function or service to prevent or minimise the risk of harm to anyone; and
sec.37
Confidentiality of information given by persons involved in administration of Act to other persons
sec.37 Confidentiality of information given by persons involved in administration of Act to other persons
This section applies to a person (the receiver ) who is given confidential information by a person mentioned in section 36 .
The receiver must not use the information or disclose it to anyone else.
Maximum penalty—200 penalty units.
However, the receiver may use the information or disclose it to someone else if the use or disclosure—
is authorised by the principal commissioner; or
is otherwise required or permitted by law.
(sec.37-ssec.1) This section applies to a person (the receiver ) who is given confidential information by a person mentioned in section 36 .
(sec.37-ssec.2) The receiver must not use the information or disclose it to anyone else. Maximum penalty—200 penalty units.
(sec.37-ssec.3) However, the receiver may use the information or disclose it to someone else if the use or disclosure— is authorised by the principal commissioner; or is otherwise required or permitted by law.
(a) is authorised by the principal commissioner; or
(b) is otherwise required or permitted by law.
pt.5-div.2
Other miscellaneous provisions
Other miscellaneous provisions
sec.38
Delegations
sec.38 Delegations
The principal commissioner may delegate the principal commissioner’s functions under this Act to the other commissioner.
A commissioner may delegate the commissioner’s functions under this Act to an appropriately qualified staff member of the commission.
In this section—
functions includes powers.
(sec.38-ssec.1) The principal commissioner may delegate the principal commissioner’s functions under this Act to the other commissioner.
(sec.38-ssec.2) A commissioner may delegate the commissioner’s functions under this Act to an appropriately qualified staff member of the commission.
(sec.38-ssec.3) In this section— functions includes powers.
sec.39
Protecting officials from liability
sec.39 Protecting officials from liability
An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.
If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
In this section—
official means any of the following when performing a function or exercising a power under this Act—
the Minister;
a member of an advisory council.
For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .
s 39 amd 2022 No. 34 s 365 sch 3
(sec.39-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.
(sec.39-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
(sec.39-ssec.3) In this section— official means any of the following when performing a function or exercising a power under this Act— the Minister; a member of an advisory council. For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 . s 39 amd 2022 No. 34 s 365 sch 3
(a) the Minister;
(b) a member of an advisory council.
sec.40
Annual report
sec.40 Annual report
The commission must, in relation to its functions under this Act, include in its annual report for a financial year—
information about the following matters for the financial year—
Queensland’s performance in relation to achieving State and national goals relating to the child protection system;
The commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry.
Queensland’s performance over time in comparison to other jurisdictions;
Queensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and
details of any direction given under section 22 by the Minister in relation to the financial year; and
details of any action taken by the commission as a result of the direction; and
any other information required by the Minister.
Also, the commission must, in relation to its functions under the Child Safe Organisations Act 2024 , include in its annual report for a financial year information about—
the performance of its functions under chapter 2 of that Act; and
the performance of its functions under chapter 3 of that Act; and
trends in the compliance by child safe entities and reporting entities with chapters 2 and 3 of that Act; and
trends in the outcomes of investigations carried out under chapters 2 and 3 of that Act.
In addition, the commission may include in an annual report information, opinion and recommendations about any matter relating to the commission’s functions under this Act or the Child Safe Organisations Act 2024 .
In preparing an annual report, the commission may consult with relevant agencies it considers may be significantly affected by the report.
See the Financial Accountability Act 2009 , section 63 for requirements about preparing an annual report and tabling it in the Legislative Assembly.
s 40 amd 2024 No. 49 s 122
(sec.40-ssec.1) The commission must, in relation to its functions under this Act, include in its annual report for a financial year— information about the following matters for the financial year— Queensland’s performance in relation to achieving State and national goals relating to the child protection system; The commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry. Queensland’s performance over time in comparison to other jurisdictions; Queensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and details of any direction given under section 22 by the Minister in relation to the financial year; and details of any action taken by the commission as a result of the direction; and any other information required by the Minister.
(sec.40-ssec.2) Also, the commission must, in relation to its functions under the Child Safe Organisations Act 2024 , include in its annual report for a financial year information about— the performance of its functions under chapter 2 of that Act; and the performance of its functions under chapter 3 of that Act; and trends in the compliance by child safe entities and reporting entities with chapters 2 and 3 of that Act; and trends in the outcomes of investigations carried out under chapters 2 and 3 of that Act.
(sec.40-ssec.3) In addition, the commission may include in an annual report information, opinion and recommendations about any matter relating to the commission’s functions under this Act or the Child Safe Organisations Act 2024 .
(sec.40-ssec.4) In preparing an annual report, the commission may consult with relevant agencies it considers may be significantly affected by the report. See the Financial Accountability Act 2009 , section 63 for requirements about preparing an annual report and tabling it in the Legislative Assembly.
(a) information about the following matters for the financial year— (i) Queensland’s performance in relation to achieving State and national goals relating to the child protection system; Example for subparagraph (i) — The commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry. (ii) Queensland’s performance over time in comparison to other jurisdictions; (iii) Queensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and
(i) Queensland’s performance in relation to achieving State and national goals relating to the child protection system; Example for subparagraph (i) — The commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry.
(ii) Queensland’s performance over time in comparison to other jurisdictions;
(iii) Queensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and
(b) details of any direction given under section 22 by the Minister in relation to the financial year; and
(c) details of any action taken by the commission as a result of the direction; and
(d) any other information required by the Minister.
(i) Queensland’s performance in relation to achieving State and national goals relating to the child protection system; Example for subparagraph (i) — The commission may report about progress in relation to the reforms recommended in the report titled ‘Taking Responsibility: A Roadmap for Queensland Child Protection’ made by the Queensland Child Protection Commission of Inquiry.
(ii) Queensland’s performance over time in comparison to other jurisdictions;
(iii) Queensland’s progress in reducing the number of, and improving the outcomes for, Aboriginal and Torres Strait Islander children and young people in the child protection system; and
(a) the performance of its functions under chapter 2 of that Act; and
(b) the performance of its functions under chapter 3 of that Act; and
(c) trends in the compliance by child safe entities and reporting entities with chapters 2 and 3 of that Act; and
(d) trends in the outcomes of investigations carried out under chapters 2 and 3 of that Act.
sec.41
Review of commission
sec.41 Review of commission
The Minister must arrange an independent review of the performance by the commission of its functions within 5 years after the commencement of this section.
As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.
(sec.41-ssec.1) The Minister must arrange an independent review of the performance by the commission of its functions within 5 years after the commencement of this section.
(sec.41-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.
sec.42
Review of Act
sec.42 Review of Act
The Minister must review the effectiveness of this Act as soon as practicable after the end of 5 years after the commencement of this section.
As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.
(sec.42-ssec.1) The Minister must review the effectiveness of this Act as soon as practicable after the end of 5 years after the commencement of this section.
(sec.42-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.
sec.43
Regulation-making power
sec.43 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.6
Transitional provisions
Transitional provisions
pt.6-div.1
Transitional provisions for Act No. 27 of 2014
Transitional provisions for Act No. 27 of 2014
sec.44
Definitions for division
sec.44 Definitions for division
In this division—
commencement means 1 July 2014.
former CCYPCG Act means the Commission for Children and Young People and Child Guardian Act 2000 as in force from time to time before the commencement.
former commissioner means the Commissioner for Children and Young People and Child Guardian under the former CCYPCG Act, section 14.
former register means the register of child deaths kept by the former commissioner under the former CCYPCG Act, section 143.
s 44 amd 2020 No. 2 s 26
sec.45
Immediate appointment of principal commissioner
sec.45 Immediate appointment of principal commissioner
This section applies to the person who held the office of the former commissioner immediately before the commencement.
Despite sections 11, 13 and 14, the person—
is appointed, on the commencement, as the principal commissioner; and
is employed on the same terms and conditions on which the person was employed as the former commissioner.
The person’s appointment under subsection (2) continues until the earlier of the following—
the resignation of the person;
the end of the term for which the person was appointed as the former commissioner;
the appointment of a person as the principal commissioner under this Act, whether or not the same person is appointed.
If the former CCYPCG Act, section 29 applied to the person, that section continues to apply to the person as if—
the Child Protection Reform Act 2014 had not been enacted; and
a reference in that section to the end of the person’s term of office or resignation is a reference to the end of the person’s term of office or resignation—
as the principal commissioner under subsection (3); or
if applicable, as a commissioner under this Act; and
a reference in that section to service as a commissioner includes a reference to the person’s service as the principal commissioner and a commissioner, if applicable.
To remove any doubt, it is declared that this section does not limit or otherwise affect the person’s right to a benefit or entitlement that, under the terms and conditions, had accrued or was accruing immediately before the commencement.
(sec.45-ssec.1) This section applies to the person who held the office of the former commissioner immediately before the commencement.
(sec.45-ssec.2) Despite sections 11, 13 and 14, the person— is appointed, on the commencement, as the principal commissioner; and is employed on the same terms and conditions on which the person was employed as the former commissioner.
(sec.45-ssec.3) The person’s appointment under subsection (2) continues until the earlier of the following— the resignation of the person; the end of the term for which the person was appointed as the former commissioner; the appointment of a person as the principal commissioner under this Act, whether or not the same person is appointed.
(sec.45-ssec.4) If the former CCYPCG Act, section 29 applied to the person, that section continues to apply to the person as if— the Child Protection Reform Act 2014 had not been enacted; and a reference in that section to the end of the person’s term of office or resignation is a reference to the end of the person’s term of office or resignation— as the principal commissioner under subsection (3); or if applicable, as a commissioner under this Act; and a reference in that section to service as a commissioner includes a reference to the person’s service as the principal commissioner and a commissioner, if applicable.
(sec.45-ssec.5) To remove any doubt, it is declared that this section does not limit or otherwise affect the person’s right to a benefit or entitlement that, under the terms and conditions, had accrued or was accruing immediately before the commencement.
(a) is appointed, on the commencement, as the principal commissioner; and
(b) is employed on the same terms and conditions on which the person was employed as the former commissioner.
(a) the resignation of the person;
(b) the end of the term for which the person was appointed as the former commissioner;
(c) the appointment of a person as the principal commissioner under this Act, whether or not the same person is appointed.
(a) the Child Protection Reform Act 2014 had not been enacted; and
(b) a reference in that section to the end of the person’s term of office or resignation is a reference to the end of the person’s term of office or resignation— (i) as the principal commissioner under subsection (3); or (ii) if applicable, as a commissioner under this Act; and
(i) as the principal commissioner under subsection (3); or
(ii) if applicable, as a commissioner under this Act; and
(c) a reference in that section to service as a commissioner includes a reference to the person’s service as the principal commissioner and a commissioner, if applicable.
(i) as the principal commissioner under subsection (3); or
(ii) if applicable, as a commissioner under this Act; and
sec.46
Former register becomes the register under this Act
sec.46 Former register becomes the register under this Act
The former register becomes the register kept by the principal commissioner under this Act.
A request for information made by a person under the former CCYPCG Act, section 144 is taken to be a request made to the principal commissioner under section 28.
(sec.46-ssec.1) The former register becomes the register kept by the principal commissioner under this Act.
(sec.46-ssec.2) A request for information made by a person under the former CCYPCG Act, section 144 is taken to be a request made to the principal commissioner under section 28.
sec.47
First report
sec.47 First report
This section applies to a report that, under section 29, must be prepared by the principal commissioner by 31 October 2014 for the financial year ending 30 June 2014.
For section 29(1)—
a reference to the register is taken to be a reference to the former register; and
a reference to the activities or recommendations of the principal commissioner is taken to be a reference to the activities or recommendations of the former commissioner; and
a reference to information given under part 3 is taken to be a reference to information given to a person by the former commissioner under the former CCYPCG Act, section 144.
(sec.47-ssec.1) This section applies to a report that, under section 29, must be prepared by the principal commissioner by 31 October 2014 for the financial year ending 30 June 2014.
(sec.47-ssec.2) For section 29(1)— a reference to the register is taken to be a reference to the former register; and a reference to the activities or recommendations of the principal commissioner is taken to be a reference to the activities or recommendations of the former commissioner; and a reference to information given under part 3 is taken to be a reference to information given to a person by the former commissioner under the former CCYPCG Act, section 144.
(a) a reference to the register is taken to be a reference to the former register; and
(b) a reference to the activities or recommendations of the principal commissioner is taken to be a reference to the activities or recommendations of the former commissioner; and
(c) a reference to information given under part 3 is taken to be a reference to information given to a person by the former commissioner under the former CCYPCG Act, section 144.
sec.48
Information arrangements continue
sec.48 Information arrangements continue
This section applies to an arrangement made between the former commissioner and a government entity under the former CCYPCG Act, section 147.
The arrangement continues to have effect until the principal commissioner or the government entity decides to end the arrangement under its terms.
The former CCYPCG Act, section 147 continues to apply to the arrangement while it is in effect under subsection (2) as if the Child Protection Reform Act 2014 had not been enacted.
In a document relating to the arrangement, a reference to the former commissioner may be taken, if the context permits, to be a reference to the principal commissioner.
A fee for a service owed to a government entity by the former commissioner under the arrangement is taken to be a fee owed to the entity by the principal commissioner.
(sec.48-ssec.1) This section applies to an arrangement made between the former commissioner and a government entity under the former CCYPCG Act, section 147.
(sec.48-ssec.2) The arrangement continues to have effect until the principal commissioner or the government entity decides to end the arrangement under its terms.
(sec.48-ssec.3) The former CCYPCG Act, section 147 continues to apply to the arrangement while it is in effect under subsection (2) as if the Child Protection Reform Act 2014 had not been enacted.
(sec.48-ssec.4) In a document relating to the arrangement, a reference to the former commissioner may be taken, if the context permits, to be a reference to the principal commissioner.
(sec.48-ssec.5) A fee for a service owed to a government entity by the former commissioner under the arrangement is taken to be a fee owed to the entity by the principal commissioner.
pt.6-div.2
Transitional provision for Child Death Review Legislation Amendment Act 2019
Transitional provision for Child Death Review Legislation Amendment Act 2019
sec.49
Reports from current reviews
sec.49 Reports from current reviews
A reference in part 3A to an internal agency review includes a reference to a review carried out by the chief executive (child safety) under the Child Protection Act 1999 , chapter 7A, as in force from time to time before the commencement of the Child Death Review Legislation Amendment Act 2019 .
In this section—
chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.
s 49 prev s 49 exp 1 January 2015 (see s 49(4))
pres s 49 ins 2020 No. 2 s 27
(sec.49-ssec.1) A reference in part 3A to an internal agency review includes a reference to a review carried out by the chief executive (child safety) under the Child Protection Act 1999 , chapter 7A, as in force from time to time before the commencement of the Child Death Review Legislation Amendment Act 2019 .
(sec.49-ssec.2) In this section— chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction
Introduction
sec.1 Short title
sec.1 Short title
This Act may be cited as the Family and Child Commission Act 2014 .
sec.2 Commencement
sec.2 Commencement
This Act commences on 1 July 2014.
sec.3 Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
Nothing in this Act makes the State liable to be prosecuted for an offence.
(sec.3-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.
pt.1-div.2 Object of Act
Object of Act
sec.4 Object
sec.4 Object
The object of this Act is to establish the Queensland Family and Child Commission—
to promote the safety, wellbeing and best interests of children and young people; and
to promote and advocate the responsibility of families and communities to protect and care for children and young people; and
to improve the child protection system.
(a) to promote the safety, wellbeing and best interests of children and young people; and
(b) to promote and advocate the responsibility of families and communities to protect and care for children and young people; and
(c) to improve the child protection system.
pt.1-div.3 Interpretation
Interpretation
sec.5 Definitions
sec.5 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
s 5 amd 2014 No. 27 s 52 sch 1 pt 1
pt.2 Queensland Family and Child Commission
Queensland Family and Child Commission
pt.2-div.1 Establishment
Establishment
sec.6 Establishment of commission
sec.6 Establishment of commission
The Queensland Family and Child Commission is established.
The commission consists of the commissioners and the staff of the commission.
(sec.6-ssec.1) The Queensland Family and Child Commission is established.
(sec.6-ssec.2) The commission consists of the commissioners and the staff of the commission.
Regulates researcher access to register information with consent and safeguards, including a definition of genuine researcher and a maximum penalty for breaching consent conditions (s 28).
Establishes the Child Death Review Board to carry out systemic reviews of child deaths connected to the child protection system, with statutory protections for independence and mechanisms for coordinated information sharing and confidentiality (part 3A: ss 29A-29U). The Board may request and receive confidential information from public and non‑government entities (ss 29P-29Q), and persons providing information in good faith are protected from civil, criminal or administrative liability (s 29T).
Imposes confidentiality obligations on persons who gain confidential information through administering the Act, with criminal penalties in penalty units (ss 36-37).
Provides reporting requirements (annual reports, tabling deadlines) for both the principal commissioner (s 29) and the Child Death Review Board (s 29J), and requires the commission’s annual report to include specific performance metrics and Ministerial directions given to commissioners (s 40).
Contains governance detail on advisory councils, delegation powers, protections from liability for officials, board composition and meeting procedures, and transitional provisions carrying across functions and the former child death register (ss 30-48, pt 6).
The Act therefore creates institutional capacity for system oversight, data aggregation and reviewer access to confidential sources, while calibrating disclosure, researcher access, Ministerial control and board independence by statute. The text sets out specific procedural steps (requests, consent, reporting) and sanction levels expressed as penalty units for confidentiality and researcher‑consent breaches (ss 28, 36-37).
Main concepts
The Act organises several recurring legal and operational concepts around three institutional pillars: the commission, the Child Death Register and the Child Death Review Board.
Commission: The commission is a two‑commissioner statutory body charged with systemic oversight and advocacy aimed at improving the child protection system (s 9). Its functions are system‑level: oversight, workforce strategy, public education about services and how the child protection system operates, multidisciplinary research, program evaluation and advice to relevant agencies and the Minister (s 9(1)(a)-(j)). The commission is empowered to act like an individual corporate actor: entering contracts, acquiring property and engaging consultants (s 10). One statutory limit is explicit: the commission does not investigate or advocate for individual children or families (s 9(2)). The commission may, and must, avoid unnecessary duplication with the Board (s 9(3)) and take on functions conferred by the Child Safe Organisations Act 2024 (s 9(1A)).
Child Death Register: The principal commissioner must keep a register of information relating to child deaths in Queensland (s 25). The register must include information supplied under specific provisions of other Acts, for example the Births, Deaths and Marriages Registration Act 2023 and the Coroners Act 2003 (s 25(2)). The register is more than a database; the principal commissioner must classify deaths by cause and demographic factors, analyse trends, conduct or coordinate research and make recommendations about laws, policies, practices and services (s 26). Access by external researchers is controlled by consent and a "genuine researcher" test (s 28). The principal commissioner may request information from public entities and can enter memoranda for database access; public entities may charge a fee not exceeding actual costs (s 27).
Child Death Review Board: Part 3A establishes the Board to carry out systems reviews following child deaths that are connected to the child protection system, defined by reference to internal agency reviews under the Child Protection Act 1999 (s 29A-29B). The Board’s reviews are systemic; they expressly do not investigate individual deaths (s 29A(3)) and must not include terms of reference about disciplinary action (s 29H(5)). The Board has statutory independence when performing its functions and commissioners acting as board members are stated not to be subject to Ministerial direction while acting in that capacity, subject to a specific exception where the Minister may ask the Board to carry out a stated review and the Board must comply (ss 29F, 29I). The Board has power to request and receive confidential material from a wide range of entities, including non‑government agencies, private hospitals, medical practitioners and school principals (s 29P), with statutory protections for those who provide information honestly (s 29T). The chairperson may disclose confidential information where necessary for the Board’s functions (s 29Q) and can enter into information sharing arrangements with entities such as the State Coroner and Domestic and Family Violence Death Review and Advisory Board (s 29R).
Information and confidentiality architecture: The Act balances authorised sharing with confidentiality obligations. Section 36 imposes a criminal penalty for improper use or reckless disclosure of confidential information obtained through administering the Act, while section 29T provides broad immunity from civil, criminal or administrative liability for persons who, acting honestly, give information to the Board under part 3A. The Act preserves existing privileges and does not override other Acts, while allowing information to be given under part 3A despite other prohibitions (s 29S). The principal commissioner retains a discretionary power to disclose confidential information where necessary to prevent or minimise harm and where that public interest outweighs privacy (s 36(4)).
Governance and appointments: Commissioners are appointed by Governor in Council on Ministerial recommendation (s 11) and serve for terms up to three years (s 13). The Board includes a chairperson (a commissioner) and up to 11 other members appointed by the Minister with eligibility criteria focused on relevant expertise and representational requirements including at least one Aboriginal or Torres Strait Islander and not having a majority of public service employees (ss 29V-29X). The Minister may give directions to commissioners in performing their functions under this Act and the commissioners must comply (s 22), but the Board’s statutory independence for its functions is explicit (s 29F).
Reporting and review cycle: The principal commissioner must annually report on register analysis and research activity by 31 October (s 29(1)) and the Board must report annually on its operations by the same date (s 29J). The commission’s annual report must include specific performance information and any Ministerial directions given to commissioners (s 40). The Minister must arrange independent reviews of the commission and of the Act within five years of commencement (ss 41-42).
Inter‑agency coordination: The Act requires the board and commission to avoid duplication and to coordinate reviews with other entities (ss 9(3), 29G). It provides formal pathways for memoranda of understanding and information sharing arrangements (ss 27(6), 29R). These statutory channels are designed to bring together coronial, agency internal review and other investigatory outputs into systemic analysis.
Penalty framework expressed in penalty units: The Act uses penalty units for compliance enforcement. Key penalties include up to 100 penalty units for non‑compliance with researcher consent conditions (s 28(6)) and up to 200 penalty units for unauthorised disclosure or use of confidential information by persons involved in administering the Act or by receivers of such information (ss 36(1), 37(2)).
Together, these concepts create an institutional model that centralises system oversight, data aggregation and systemic review capability, while creating a framework of permissions, protections and constraints for information flows and Ministerial involvement.
Who it affects
Primary institutional actors: The commission and the Child Death Review Board themselves are the principal legal actors created by the Act and are directly affected by its governance, powers and reporting duties (ss 6, 29C). The commissioners, principal commissioner and Board members are subject to appointment, term, remuneration, removal, suspension and confidentiality regimes (ss 11-19, 29Z-29ZD, 36).
Public entities: The Act imposes obligations on public entities to provide information for the Child Death Register and for Board reviews if the principal commissioner or chairperson requests it (ss 27, 29P). Public entities may refuse where disclosure would prejudice investigations, methods for preventing contraventions or endanger life or safety, or where disclosure is prohibited under another Act (ss 27(3), 35(3)). If a public entity refuses, it must provide written reasons (s 27(5)). Public entities are also potential parties to information sharing arrangements and memoranda with the commission or chairperson for periodic database access (s 27(6)). Public entities are treated as the employers of the commission’s staff under the Public Sector Act 2022 (s 24) and the commission is a unit of public administration for Crime and Corruption Act 2001 purposes and a statutory body for financial accountability acts (s 8), which brings agencies within those oversight and financial frameworks.
Non‑government service providers: Non‑government agencies providing services to children and families are specifically named as entities from which the chairperson may request confidential information (s 29P(2)(b)). The Board can receive confidential material from private hospitals, medical practitioners, school principals and approved providers of education and care services (s 29P(2)(c)-(f)). These entities face a new legal instrument for requests; they also receive immunity protections for honest disclosure (s 29T) but must respect confidentiality obligations under other laws and professional codes unless authorised to disclose under the Act (s 29S, s 29T).
Researchers and research institutions: Access to the Child Death Register for research is regulated. A person must obtain the principal commissioner’s consent and meet the genuine researcher test, which includes those with granted health information approvals under the Public Health Act 2005 and members of certain quality assurance committees, or others the principal commissioner considers genuine (s 28(2), (7)). Conditions may be imposed on consent and breach attracts up to 100 penalty units (s 28). Researchers, including public entities, must demonstrate a reasonable necessity for the information for research aimed at reducing child deaths (s 28(3)).
Families and affected individuals: Although the commission and Board are system‑level entities and the Act expressly disclaims functions to investigate or advocate for particular children or families (s 9(2)), families are indirectly affected because the register and Board reviews aggregate and analyse data originating from coronial, agency and other sources (s 25). The Act requires the principal commissioner to protect privacy to the extent possible when obtaining information and prescribes safeguards for including adverse comments about identifiable entities in reports, including giving affected entities an opportunity to respond (s 27(4); s 29(3)-(4); s 29L).
Minister, Cabinet and Governor in Council: The Minister has appointment recommendation powers for commissioners (s 11), the power to give directions to commissioners (s 22) and the ability to request Board reviews in exceptional circumstances (s 29I). The Governor in Council appoints commissioners on Ministerial recommendation and determines commissioners’ remuneration and conditions (ss 11, 14). The Minister must table certain reports and arrange statutory reviews of the commission and the Act (ss 29(7), 29J(3), 41-42).
Private contractors and consultants: The commission and Board have explicit powers to engage consultants, contractors and appropriately qualified persons to conduct research, prepare reports and provide legal advice (ss 10(1)(d), 29E). This creates commercial opportunities for private providers to tender for research and advisory work; it also generates compliance obligations for providers handling confidential information under the Act, which are enforceable with penalties (ss 36-37, 29T).
Courts and investigatory bodies: The Act interacts with coronial processes and other investigative frameworks by requiring inclusion of particular statutory coronial and registration data into the Child Death Register (s 25(2)), and by permitting information sharing arrangements with the State Coroner and other review boards (s 29R). It preserves privilege where a person may claim it under another Act or law (s 29S(3)) and allows certain disclosures despite other prohibitions (s 29S(2)).
Collective effect on behaviour: Public entities and non‑government service providers face a statutory expectation to provide relevant information on request and to cooperate through arrangements and MOUs, subject to enumerated exceptions (ss 27, 35, 29P). Commissioners and Board members are required to consult and take account of children’s and families’ views and to ensure Aboriginal and Torres Strait Islander interests are represented (s 23). The statutory protections and duties change incentives around information sharing, risk management, and engagement with the commission and Board, while confidentiality penalties impose compliance costs on those handling sensitive data (ss 36-37).
Key duties and rights
This Act sets out duties for the commission, principal commissioner, commissioners, public entities, the Board, board members, and persons who gain confidential information, alongside rights and protections for those who provide information in good faith.
Duties of the commission and principal commissioner
Keep and maintain the Child Death Register; include specified statutory information; and determine the register’s form and content (s 25(1)-(3)). The principal commissioner must protect privacy to the extent possible when obtaining information (s 27(4)).
Perform systemic functions set out in section 9: system oversight, advocacy on child safety and family responsibility, workforce strategy development, community education, multidisciplinary research coordination, assistance to evaluate agency programs, expert advice, collaboration, systemic analysis and reporting to the Minister (s 9(1)).
Prepare and give the Minister an annual report on register analysis, research activities, access given to register information and recommendations, by 31 October each year (s 29(1)-(2)). The principal commissioner must not include adverse comments about an identifiable entity unless the entity has been given a copy and an opportunity to respond; if the entity lodges a response and asks for inclusion, it must be included unless excluded on specific grounds such as prejudicing an investigation or a matter before a court (s 29(3)-(5)).
The principal commissioner has discretion to disclose confidential information where necessary to prevent or minimise risk of harm or to improve the performance of a function or service, but only where the public interest in preventing or minimising harm outweighs privacy concerns (s 36(4)).
Duties of commissioners and commissioners’ rights
Commissioners must perform functions effectively and efficiently, engage with children, families and agencies, ensure Aboriginal and Torres Strait Islander interests are represented and respect cultural identity (s 18; s 23).
Commissioners are subject to Ministerial direction in performing their functions under this Act and must comply (s 22). However, when acting as the Board’s chairperson or member, commissioners are not subject to Ministerial direction in performing the Board’s functions (s 29F(2)), creating a context‑dependent constraint on the Minister’s directional power.
Appointment conditions, term limits, remuneration and grounds for removal or suspension are prescribed (ss 11-15). Commissioners are employed under this Act and not the Public Sector Act 2022, which has implications for employment conditions and applicable continuity rights (s 12; s 16).
Duties of public entities and non‑government entities
The principal commissioner may request information and public entities must comply unless reasonable grounds to refuse exist: prohibition under another Act, impracticability, prejudice to investigations, prejudice to methods for preventing/detecting contraventions, or endangering life or safety (s 27(2)-(3)); section 35 provides a parallel provision for other principal commissioner requests (s 35(2)-(3)). If refusing, the public entity must give written reasons (s 27(5)).
The chairperson of the Board may ask any entity, including non‑government agencies, private hospitals, medical practitioners, school principals and approved education and care providers, for stated information for the Board’s functions (s 29P(1)-(2)). Entities may give confidential information even absent a request (s 29P(2)).
Duties relating to confidentiality and disclosure
Persons who gain confidential information through administering the Act must not make records or intentionally or recklessly disclose the information except as authorised (s 36(1)-(3)); maximum penalty of 200 penalty units (s 36(1)). Receivers of confidential information are likewise prohibited from using or disclosing it (s 37(1)-(2)); maximum penalty 200 penalty units.
The principal commissioner may authorise disclosure where it is reasonably necessary to prevent or minimise risk of harm or to improve service performance and where the public interest outweighs privacy (s 36(4)).
The chairperson may disclose confidential information to entities for the Board’s functions and for the purpose of obtaining information requested by the chairperson; this is subject to interplay with other confidentiality rules including s 36(3) (s 29Q).
Rights and protections
Persons who, acting honestly, give information under part 3A are granted immunity from civil, criminal or administrative liability for giving the information; they cannot be held to have breached professional etiquette, and have absolute privilege in defamation proceedings for publishing the information (s 29T(1)-(4)).
The Act preserves privilege under other laws; where privilege exists, it is not extinguished merely because information may be disclosed under this part (s 29S(3)).
Officials acting honestly and without negligence are protected from civil liability for acts/omissions under this Act; if that protection prevents liability attaching to the official, the State instead assumes liability (s 39(1)-(2)).
Board and board member duties
The Board must act independently and in the public interest in performing its functions and is not subject to Ministerial direction about how it performs those functions (s 29F(1)-(2)). The Board must avoid unnecessary duplication and coordinate with other entities as appropriate (s 29G).
Board members have eligibility and appointment conditions, must consent to criminal history checks, and must disclose new convictions during their term (ss 29X, 29ZC, 29ZD). The Minister may terminate membership for absence or incapacity (s 29ZB).
Board members must disclose conflicts of interest as soon as practicable and refrain from taking part in decisions where such conflicts exist, with particulars recorded in a register of interests (s 29ZJ).
Procedural duties and reporting
The Board decides extent and terms of reference for reviews and must not include in terms of reference consideration of disciplinary action against any person (s 29H(2), (5)). The Board must report annually and may prepare other reports subject to rules on tabling and publication, especially where personal information or matters that would prejudice investigations are involved (ss 29J, 29K, 29L).
The principal commissioner must tabulate annual reports by 31 October for the preceding financial year and the Minister must table them within 14 sitting days after receipt (s 29(1), (7); s 29J(1), (3)).
Enforcement and penalties
Penalties are expressed in penalty units: researcher consent breach up to 100 penalty units (s 28(6)); confidentiality offences up to 200 penalty units (ss 36(1), 37(2)); failure by a board member to notify a conviction attracts 100 penalty units (s 29ZD(2)). The Act also provides immunity and defences for those acting under the Act (s 29T).
These duties and rights create a network of compliance obligations for public and private entities interacting with the commission and Board, while providing protections for honest disclosure and for officials acting without negligence.
Penalties and enforcement
The Act uses a mixture of civil, administrative and criminal potential consequences expressed in penalty units, together with statutory immunities and defences, to regulate conduct in relation to information handling, board membership obligations and researcher access. Enforcement mechanisms are primarily administrative and statutory, with specific criminal penalties for confidentiality breaches.
Penalty provisions and quantum
Confidentiality offences. Section 36(1) prohibits making a record of confidential information or intentionally disclosing it, other than under limited exceptions. A contravention carries a maximum penalty of 200 penalty units. Section 37(2) extends similar obligations and the same maximum penalty to receivers of confidential information who were given it by persons involved in administration of the Act.
Researcher access conditions. A person granted access to register information for research must comply with any conditions imposed by the principal commissioner; failure to comply attracts a maximum penalty of 100 penalty units (s 28(6)).
Disclosure of convictions by board members. A board member convicted of an indictable offence during their appointment must notify the Minister immediately under s 29ZD, unless they have a reasonable excuse. Non‑compliance carries a maximum penalty of 100 penalty units (s 29ZD(2)).
Administrative sanctions for board members. The Minister may terminate a board member’s appointment for absence from three consecutive meetings without permission or reasonable excuse, or where the Minister is satisfied the member is incapable of satisfactorily performing their functions (s 29ZB(2)).
Protections, defences and liability allocation
Statutory immunity for informants. Section 29T provides comprehensive protection for persons who, acting honestly, give information under part 3A. The person is not liable civilly, criminally or under administrative process for giving the information. Additional protections include that giving information does not constitute a breach of professional etiquette, and in defamation proceedings absolute privilege is available (s 29T(2)-(4)). If a person would otherwise be required to maintain confidentiality under another Act, oath or rule of law, giving information under this part does not contravene that requirement and the person is not liable to disciplinary action for giving the information (s 29T(4)(b)).
Official immunity and State indemnity. Section 39 shields officials from civil liability for acts done honestly and without negligence under the Act. If that protection prevents a civil liability attaching to an official, the liability attaches to the State instead (s 39(1)-(2)). This reallocates exposure from individuals to the State where the statutory test is met.
Lawful excuse for defamation. Sections 29U and 29(6) provide that publishing defamatory statements in reports under part 3A or section 29 respectively is a lawful excuse if the publication is made in good faith and is for the purposes of the Act. Section 29(6) applies to the principal commissioner’s reports and s 29U applies to reports under part 3A.
Enforcement pathways and processes
Administrative compliance. Non‑compliance with information requests: public entities must comply with requests from the principal commissioner or chairperson unless they reasonably consider exceptions apply; refusal must be communicated in writing with reasons (ss 27(2)-(5), 35(2)-(4)). The Act relies on administrative obligations and written reasons as primary enforcement signals rather than express fines for non‑compliance with information requests.
Ministerial powers to remove or suspend commissioners. The Governor in Council may remove a commissioner on the Minister’s recommendation where misconduct, incapacity or neglect/incompetence is found. The Minister may also suspend a commissioner for up to 60 days where allegations of misconduct arise or other potential grounds for removal exist (s 15).
Board member termination. The Minister may terminate board membership for failure to attend or incapacity under s 29ZB(2). This is an administrative enforcement tool to ensure active membership and capability.
Criminal prosecution. For intentional or reckless breaches of confidentiality obligations (ss 36(1), 37(2)) a criminal prosecution could be pursued, with the specified penalty units as maximum fines. The text does not specify procedural enforcement bodies but general criminal enforcement routes would apply.
Limits on enforcement
Privilege and other law preserved. The Act explicitly preserves privilege claims under other Acts and laws; disclosure under part 3A does not by itself affect privilege (s 29S(3)). Conversely, s 29S(2) permits information to be given under the Act despite other laws that would otherwise prohibit or restrict such disclosure, but without extinguishing privilege where it exists.
Discretionary authorisations and public interest tests. The principal commissioner may authorise disclosure of confidential information where reasonably necessary to prevent or minimise harm and where the public interest outweighs privacy (s 36(4)). Such discretionary thresholds create administrative decision nodes rather than automatic enforcement outcomes.
Record keeping and transparency as enforcement adjuncts
Reporting obligations for transparency. Annual reporting by the principal commissioner and Board (ss 29, 29J) and tabling requirements (ss 29(7), 29J(3)) create public accountability mechanisms that function as indirect enforcement through public scrutiny.
Consultation prior to adverse comments. The requirement that an entity be given an opportunity to respond to adverse comments before inclusion in a report (s 29(3)-(4); s 29L) operates as a procedural safeguard and reduces risk of defamatory publications.
In short, the Act combines criminal penalties for confidentiality breaches, administrative removal or suspension for governance failures, statutory immunity for honest informants, State assumption of civil liabilities for officials who act honestly and without negligence, and procedural transparency through reporting and consultation to enforce compliance and manage risk.
How it interacts with other laws
The Act is framed as part of an interlocking statutory architecture. It expressly references and integrates with multiple other Queensland Acts and preserves privilege and existing statutory constraints while creating statutory pathways for information sharing.
Designated interactions named in the Act
Crime and Corruption Act 2001. The commission is a unit of public administration under the Crime and Corruption Act 2001 (s 8(1)(a)). That classification subjects the commission to reporting and integrity obligations applicable to units of public administration under that Act.
Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982. The commission is a statutory body under these financial statutes (s 8(1)(b)), bringing it within their financial reporting, accountability and borrowing arrangements frameworks. The Statutory Bodies Financial Arrangements Act 1982, part 2B, is referenced as explaining how financial powers of the commission are affected (s 8(2)).
Public Sector Act 2022. The commission’s staff are employed under the Public Sector Act 2022 (s 24), but commissioners are employed under this Act and not under the Public Sector Act (s 12). Section 29Z(2) references the Public Sector Act 2022 in relation to prescribed persons and remuneration. The Act therefore distinguishes employment status and applicable employment frameworks between commissioners and staff.
Child Safe Organisations Act 2024. The commission has functions given under the Child Safe Organisations Act 2024 (s 9(1A)), and the commission must avoid unnecessary duplication of the Board’s functions under part 3A (s 9(3)). The commission’s annual report is required to include information about its functions under the Child Safe Organisations Act 2024 (s 40(2)).
Child Protection Act 1999. The Child Death Review Board’s remit is tied to internal agency reviews conducted under the Child Protection Act 1999, chapter 7A; a child death is "connected to the child protection system" for part 3A where an internal agency review under that chapter was carried out (s 29B), and the Board receives internal agency review reports under s 245O of the Child Protection Act 1999 (s 29H(3)).
Coroners Act 2003. The Child Death Register must include information given to the principal commissioner under the Coroners Act 2003, sections 10A, 45, 46 or 54A (s 25(2)(b)). The chairperson may enter into arrangements with the State Coroner for obtaining investigation documents under Coroners Act 2003, section 54 (s 29R).
Births, Deaths and Marriages Registration Act 2023. The register must include information given under sections 119 or 120 of that Act (s 25(2)(a)).
Building Act 1975. The principal commissioner may include in the register information given under the Building Act 1975, section 245I, to the extent the information relates to a child death (s 25(3)(a)).
Public Health Act 2005 and Hospital and Health Boards Act 2011. Definitions for "genuine researcher" for access to the register include a person granted health information access under the Public Health Act 2005, chapter 6, part 4, and members of quality assurance committees established under the Hospital and Health Boards Act 2011, section 82 (s 28(7)). This ties research access to existing health information governance.
Information Privacy Act 2009. The Board’s definition of personal information in relation to other reporting obligations references the Information Privacy Act 2009, section 12 (s 29K(6) and s 29K(3)(a)).
Correlative criminal and civil law. The Act preserves privilege under other Acts or law: information may be given under part 3A despite other prohibitions, but existing privilege is not affected only because information may be disclosed under this part (s 29S(2)-(3)). Defamation defences are provided for publication of defamatory statements in reports made in good faith and purporting to be made for this Act (ss 29U; s 29(6)).
Operational interactions and coordination
Memoranda and information sharing arrangements. The principal commissioner may enter into arrangements or MOUs with public entities for periodic database access (s 27(6)). The chairperson may enter into arrangements with the commission, State Coroner, Domestic and Family Violence Death Review and Advisory Board, or another entity about sharing or exchanging information under part 3A (s 29R). These statutory provisions create formal channels for coordinating data flows across investigatory, coronial and service delivery agencies.
Conflict and duplication management. The Act requires the commission and the Board to avoid unnecessary duplication of processes carried out in other entities and to coordinate reviews where appropriate (ss 9(3), 29G). That is a statutory directive to map and reconcile existing review and investigatory processes rather than supersede them.
Preservation of investigatory integrity. Public entities may refuse requests where disclosure would prejudice investigation of contraventions or undermine methods for preventing/detecting contraventions (ss 27(3)(a)-(b); 35(3)(c)-(d)). The principal commissioner must ensure that information given relates to the commissioner’s functions and that privacy is protected to the extent possible (s 27(4)). These provisions seek to balance information sharing for systemic review with preserving the integrity of active investigations.
Legal hierarchy and limits
Where this Act authorises disclosure notwithstanding other laws, privilege or other claims remain preserved: the Act does not limit obligations or powers under another Act to give information (s 29S(1)), and if privilege applies the privilege is not affected solely because information may be disclosed under this part (s 29S(3)).
Ministerial directions and Board independence. The Minister may direct commissioners in performing their functions under this Act and those directions are binding (s 22). However, the Board must act independently and is not subject to direction about how it performs its functions, and despite s 22 commissioners are not subject to Ministerial direction when performing their functions as Board members (s 29F(1)-(2)). The Minister can, in exceptional circumstances, request the Board to carry out a stated review and the Board must comply (s 29I). These rules create a statutory interplay between political oversight and institutional independence.
Transitional legal carry‑overs
The Act preserves and transitions elements of the former Commission for Children and Young People and Child Guardian Act 2000, including carrying the former register into the new register and treating past requests as applications under the new s 28 (pt 6, ss 45-48). Transitional provisions ensure continuity of earlier legal relationships and data holdings.
In sum, the Act deliberately threads into existing coronial, child protection, health information, public sector employment and financial accountability frameworks by reference and by empowering memoranda and data exchange arrangements while expressly protecting privilege and investigatory integrity.
Amendment history
The source text includes a number of amendments and insertions recorded in the Act’s marginal notes. The Act as provided has been amended multiple times; the statute text shows cross‑references and amendment notations indicating the times and sections altered. The amendments recorded in the provided text include the following notations:
2014 No. 27: This appears to be the Act’s original citation as Family and Child Commission Act 2014 with commencement stated as 1 July 2014 (s 1-2).
2020 No. 2: Several sections were amended or inserted by an instrument styled 2020 No. 2. The annotations show s 9 was amended by 2020 No. 2 s 16 (noting changes to functions and adding part 3A interfaces), s 15 amended by 2020 No. 2 s 19 (child death register amendments), s 26 and s 29 were amended in 2020 No. 2 s 20 and s 22 respectively, and part 3A was inserted by 2020 No. 2 s 23 (ss 29A-29Z and related provisions). The annotations also show s 36 was amended in 2020 No. 2 s 24, and transitional amendments in s 44 were amended by 2020 No. 2 s 26. The Child Death Review Legislation Amendment Act 2019 is also referenced in transitional provisions (s 49).
2022 No. 34: Amendments reference the Public Sector Act 2022 and appear to update employment and related references. For example, s 12 was amended by 2022 No. 34 s 365 sch 3 to confirm commissioners are employed under this Act and not the Public Sector Act 2022. Section 24 was amended by 2022 No. 34 s 365 sch 3 to state that staff are employed under the Public Sector Act 2022. Section 29Z was amended by 2022 No. 34 s 356 sch 3. Section 39 notes an amendment by 2022 No. 34 s 365 sch 3.
2023 No. 17 and 2023 No. 23: The Births, Deaths and Marriages Registration Act 2023 is referenced in s 25 with an amendment note (2023 No. 17 s 182 sch 3 pt 2). Section 15 was amended by 2023 No. 23 s 247 sch 1 s 2 (2) updating removal and suspension provisions for commissioners. Section 29X was amended by 2023 No. 23 s 247 sch 1 s 2 (2) to adjust eligibility and appointment matters for Board members.
2024 No. 49: Several sections reference amendments by 2024 No. 49 including s 9 (s 9 amd 2024 No. 49 s 120), s 18 (s 18 amd 2024 No. 49 s 121), and s 40 (s 40 amd 2024 No. 49 s 122). The 2024 amendments add express references to the Child Safe Organisations Act 2024 and adjust the commission’s reporting obligations in relation to that Act (s 9(1A) and s 40(2)-(3)).
Transitional and saving provisions
Part 6 of the Act contains transitional provisions for the Act No. 27 of 2014 including definitions, immediate appointment of the former commissioner as principal commissioner (s 45), conversion of the former register to the new register (s 46), and continuation of prior information arrangements (s 48). There is a transitional provision referencing the Child Death Review Legislation Amendment Act 2019 (s 49), explaining that internal agency reviews for part 3A include those carried out under the Child Protection Act 1999 as previously in force.
What the amendment notations mean for readers
The Act text as provided incorporates amendments made over time. Readers should note that specific functions and powers, the creation of part 3A (Child Death Review Board), the definition of employment arrangements for commissioners and staff, and reporting obligations have been the subject of legislative change. For example, the insertion of part 3A in 2020 No. 2 substantially expanded the regime of systemic reviews and information sharing via the Board (see ss 29A-29U and related).
Where the text shows a provision “ins 2020 No. 2 s 23” the provision was inserted in 2020. Where a provision shows “amd [year] No. [x] s [y]” the provision was amended in that instrument. The marginal amendment notations indicate the legislative history embedded in the consolidated text but do not replace the need to consult official amendment instruments for precise commencement and transitional details.
Limits on what is included here
This section reports only the amendment entries recorded in the provided text. It does not attempt to provide a comprehensive statutory amendment timeline beyond the notations present. Practitioners should consult official consolidated versions and amendment legislation for commencement dates, full amendment texts and any unnoted changes.
Litigation history
The provided statutory text contains no references to litigation, judicial interpretation, or case law. There are no cases named in the Act itself and no annotated judicial decisions included in the source provided. The statute contains procedural protections and defences, for example absolute privilege in defamation for persons giving information to the Board (s 29T(4)(a)) and lawful excuse for publication in reports made in good faith (ss 29U; s 29(6)), but these are statutory defences and immunities rather than judicial holdings.
What this means for practitioners
Because the Act is a statutory instrument with detailed procedural and administrative provisions, much of the interpretive work is likely to arise in administrative contexts, for example in disputes about whether a public entity reasonably refused to disclose information under s 27(3), whether the principal commissioner properly assessed a researcher as genuine under s 28(3), or whether a disclosure authorised under s 36(4) correctly balanced public interest and privacy.
The Act’s use of penalty units and criminal offences for confidentiality breaches (ss 36-37) means potential criminal or regulatory enforcement steps could be taken in appropriate circumstances; however, the source document contains no record of prosecutions or court decisions arising from the Act.
The explicit preservation of privilege and of other statutory obligations (s 29S) suggests future litigation could centre on the interplay between disclosure under this Act and other confidentiality regimes, coronial processes, or evidentiary and privilege questions, but no such litigation history is contained in the provided text.
Recommendation for further work
If legal advice is needed on likely judicial interpretation, practitioners should search case law databases for decisions referencing the Family and Child Commission Act 2014, its amendments (notably the insertion of part 3A in 2020) and the Child Safe Organisations Act 2024. Given the Act’s recent amendments and the centrality of information sharing, litigation or administrative review is a plausible future source of interpretive guidance; however, this text contains no such materials.
Gotchas
The Act contains several drafting features and operational tradeoffs that create practical risks or traps for public authorities, non‑government providers, researchers, commissioners, board members and report authors. These are concrete compliance and institutional risks rather than evaluative judgments.
Confidentiality versus disclosure tensions
Dual regimes of protection and authorised disclosure exist. The Act imposes strong confidentiality obligations on persons who gain confidential information through administering the Act (s 36(1)) with a 200 penalty unit ceiling, and on receivers of such information (s 37(2)). At the same time, the principal commissioner may decide to disclose confidential information where it is reasonably necessary to prevent or minimise harm and where the public interest outweighs privacy (s 36(4)). The chairperson may also disclose confidential information for Board functions (s 29Q). Practically, these overlapping provisions create a decision point: when is disclosure authorised and defensible versus when does it risk criminal exposure. Documenting the principal commissioner’s or chairperson’s reasoning will be essential to resist claims of unauthorised disclosure.
Information request and refusal mechanics
Public entities must comply with written requests for information for the register unless they reasonably consider specified exceptions apply (s 27(2)-(3)). The Act requires written reasons for refusals (s 27(5)). A public entity’s refusal must therefore be defensible on the stated statutory grounds or risk administrative or political scrutiny. The reasonableness test is not further defined, leaving room for dispute about what counts as "prejudice" to an investigation or "impracticable" to provide.
Researcher access and conditionality
The principal commissioner controls researcher access to the register and may impose conditions, with a statutory penalty for breach (s 28). The definition of "genuine researcher" includes discretionary language ("another person who the principal commissioner considers is conducting genuine research") (s 28(7)(c)). This discretion means applicants cannot rely solely on statutory criteria and must prepare to justify necessity and bona fides. Researchers should expect conditions and must comply or face 100 penalty units.
Ministerial direction and Board independence interplay
Commissioners are subject to Ministerial direction in performing their functions under this Act and must comply (s 22). However, the Board is required to act independently and commissioners are not subject to Ministerial direction when performing roles as Board chairperson or member (s 29F(1)-(2)). The Minister may nevertheless ask the Board to carry out a stated review in exceptional circumstances and the Board must comply (s 29I). Practically, this creates a context‑dependent boundary: commissioners wearing their Board hat have statutory insulation from direction, but the Minister retains a path to commission the Board in exceptional circumstances and remains able to direct commissioners in other contexts. Clear role delineation and written records of when members act in which capacity will be important.
Duplication risks and coordination requirement
The commission and the Board are both required to avoid unnecessary duplication with other entities and to coordinate reviews (ss 9(3), 29G). However, the Act also gives multiple entities the power to hold reviews and to publish reports (s 29K). Without active coordination mechanisms, stakeholders may face multiple overlapping reviews, duplicative requests for documents, and inconsistent findings. MOUs and information sharing arrangements are authorised (ss 27(6), 29R) and advisable to operationalise coordination.
Reporting, defamation and procedural fairness
Reports must not include adverse comments about identifiable entities unless the entity is given a chance to respond, and the responding statement must be included if requested unless exclusion is justifiable to avoid prejudicing investigations or court matters (s 29(3)-(5); s 29L). Authors of reports must therefore implement procedural fairness steps before publication. Failure to do so could expose the commission or Board to reputational and legal risk, notwithstanding statutory defences for good faith reporting (s 29(6), s 29U).
Criminal history checks and disclosure obligations for Board members
Board members must consent to criminal history checks prior to appointment (s 29X(5)) and the Minister may request criminal history reports from the police commissioner (s 29ZC). Serving board members must immediately notify the Minister if convicted of an indictable offence, with a 100 penalty unit maximum for non‑notification (s 29ZD). Practitioners should ensure appointment contracts and induction processes address these obligations and privacy handling of criminal history material, including destruction obligations once the information is no longer required (s 29ZC(4)).
Quorum and representational requirements
A quorum must include at least half of board members and at least one Aboriginal or Torres Strait Islander (s 29ZF). The Minister must ensure Board membership reflects social and cultural diversity and includes at least one Aboriginal or Torres Strait Islander person and not a majority of public service employees (s 29X(7)). These requirements create practical constraints for scheduling meetings and for recruitment planning.
Costs and fees for data access
The principal commissioner may enter arrangements with public entities that allow periodic extraction from databases, and public entities may charge a fee not more than the actual cost of the service (s 27(6)-(7)). For agencies approached for digital extracts, IT resourcing and cost recovery processes must be prepared. Where agencies have competing demands, the “actual cost” rule provides a ceiling but still requires agencies to recover and budget for staff time, extraction scripts and data security processes.
State assumption of liability and official immunity
Officials acting honestly and without negligence are not civilly liable for acts done under the Act; where that protection applies a liability instead attaches to the State (s 39). This transfers civil risk to the State in many circumstances but does not remove individual obligations including criminal penalties for wilful or reckless confidentiality breaches. Officials must therefore document decision‑making to demonstrate honesty and lack of negligence if an incident arises.
Transitional continuity and legacy records
Transitional provisions treat the former register as the new register and carry over information arrangements and entitlements from the prior Commission for Children and Young People and Child Guardian Act 2000 (pt 6, ss 45-48). Entities dealing with historical data should be aware these records are subject to the new Act’s regimes and researcher access rules.
Practically, the array of overlapping disclosure permissions, confidentiality obligations, Ministerial powers and board independence creates multiple decision nodes where documentation, procedural fairness, data security, and inter‑agency MOUs or SLAs will determine operational risk. Entities should map requests, designate points of contact, and establish internal procedures for recording decisions and refusals to provide statutory defences and to manage the statutory penalties that apply.
How to comply
This section sets out practical, source‑grounded steps for compliance tailored to the various actors addressed by the Act: the commission and Board; public entities; non‑government service providers and private sector organisations; researchers; commissioners and board members; and report authors.
For the commission and principal commissioner
Register governance and data stewardship. Maintain the Child Death Register in a secure, auditable form and ensure inclusion of the statutory sources listed in s 25(2) and (3) (Births, Deaths and Marriages Registration Act 2023 ss 119-120; Coroners Act 2003 ss 10A, 45, 46, 54A; Building Act 1975 s 245I to the extent relevant). Implement access controls and a documented access request process for researchers consistent with s 28.
Information request procedures. When issuing written notices to public entities under s 27(2) or s 35(2), set out the statutory basis for the request, the stated reasonable time for compliance, and the specific information required. Because public entities must give written reasons for refusals (s 27(5)), keep templates and guidance for handling refusals referencing the statutory exceptions in s 27(3) and s 35(3).
Privacy balancing and disclosure authorisations. Before disclosing confidential information under s 36(4), document the public interest test and record why disclosure is reasonably necessary to prevent or minimise harm or to improve function/service performance, and why public interest outweighs privacy concerns. Ensure legal sign‑off for high‑sensitivity disclosures.
Research access framework. Operationalise the "genuine researcher" definition (s 28(7)) by requiring applicants to provide documentary proof of approval under the Public Health Act 2005 or membership of relevant quality assurance committees, or by providing an application form and evidence checklist that allows discretionary assessment. Attach clear, enforceable conditions to consents and monitor compliance. Track consents to evidence compliance in case of penalty exposure (s 28(6)).
MOUs and data sharing. Where the commission enters arrangements or MOUs with public entities for periodic database access under s 27(6), include schedules for data extracts, cost recovery consistent with s 27(7) (actual cost only), privacy safeguards, retention and destruction protocols, and dispute resolution mechanisms.
For public entities and non‑government providers asked for information
Assess and document requests. On receipt of a written notice under s 27 or a request from the chairperson under s 29P, assess whether the information relates to the commissioner’s/Board’s functions and whether any statutory exception applies (s 27(3); s 35(3)). If you refuse, provide written reasons promptly as required by s 27(5).
Protect privacy and investigative integrity. Where disclosure could prejudice ongoing investigations or endanger individuals, rely on the statutory exceptions; document the rationale and retain records of legal advice and decision‑making to support the reasonableness of the refusal.
Cost recovery for extracts. If asked to provide periodic database access or extract services under an arrangement (s 27(6)), compute and invoice only the actual cost of the service (s 27(7)). Maintain auditable cost records to defend against disputes over fees.
Use statutory immunities if disclosing in good faith. If providing confidential information to the chairperson or Board, record the request and ensure disclosures are made honestly and in good faith, because s 29T grants immunity and absolute privilege in defamation proceedings where those conditions are met.
Confidentiality obligations. Ensure staff are trained about the criminal penalties for unauthorised recording or disclosure of confidential information obtained under the Act (s 36(1); s 37(2)). Implement secure transmission methods and clear retention/destruction policies.
For researchers seeking register access
Pre‑application checks. Determine whether you meet the "genuine researcher" definition under s 28(7). If relying on a discretionary finding by the principal commissioner, prepare supporting materials demonstrating your methodology, ethics approvals and why the information is reasonably necessary for research aimed at reducing child deaths (s 28(1)-(4)).
Consent and conditions. Expect conditions on access. Design research protocols and data governance structures that comply with potential conditions, including nondisclosure and purpose limitations. Keep records showing compliance with conditions to avoid the 100 penalty unit maximum (s 28(6)).
Seek approvals under other statutes if needed. If health information is involved, secure appropriate approvals under the Public Health Act 2005, chapter 6, part 4, to satisfy one of the "genuine researcher" routes (s 28(7)(a)).
For commissioners and board members
Appointment and disclosure compliance. Ensure required consents for criminal history checks are provided before appointment (s 29X(5)). If a conviction occurs during appointment, notify the Minister immediately under s 29ZD and include required details (existence, when, identification of the offence, sentence).
Declare conflicts and recuse where needed. On any direct or indirect interest in matters before the Board, disclose the nature of the interest as soon as practicable at a meeting and ensure particulars are recorded in the register of interests (s 29ZJ). Refrain from presence and participation unless the Board directs otherwise.
Keep meeting and decision records. Maintain minutes, records of decisions and resolutions, and register of interests as required under ss 29ZI and 29ZJ.
For report authors and advisors
Procedural fairness for adverse comments. Before including adverse comments about an identifiable entity in a report, give that entity a copy and a reasonable opportunity to respond (s 29(3); s 29L). If the entity supplies a written statement and asks for inclusion, insert it unless excluded under s 29(5) or s 29L(3) for specified reasons related to investigatory prejudice or court matters.
Tabling deadlines and content. For annual reports and Board reports, observe the 31 October preparation timeline for the previous financial year and the Minister’s obligation to table within 14 sitting days (s 29(1), (7); s 29J(1), (3)). Include the specific items the statute requires in annual reports (s 40).
Avoid disciplinary terms in Board review terms of reference. The Board must not include whether disciplinary action should be taken against any person in terms of reference for reviews (s 29H(5)). Ensure legal counsel reviews draft terms of reference.
For information governance and records management across actors
Develop standard operating procedures. Create templates for information requests, refusals with written reasons, consent forms for researchers, MOUs for database access, and disclosure decision records under s 36(4).
Train staff. Ensure staff who may receive, handle or disclose confidential information understand criminal penalties and immunity provisions, the public interest test for disclosure, and the commission’s protocols.
Maintain auditable logs. Keep logs of all disclosures, requests, refusals, consents and data extracts to be able to demonstrate compliance with the Act, to support audits under the Crime and Corruption Act and financial oversight under the Financial Accountability Act 2009.
Use legal sign‑offs for high risk decisions. For decisions to refuse information, to disclose confidential information under s 36(4), or to provide researcher access, obtain timely legal advice and document the reasons in writing.
Practical checklist (quick)
If you receive a written request under s 27 or s 35: check statutory exceptions, log request, respond within stated time or provide written reasons for refusal.
If you are principal commissioner deciding disclosure under s 36(4): complete a public interest balancing record and retain legal sign‑off.
If you are a researcher: assemble health approvals or quality assurance membership evidence and submit a clear research necessity statement.
If you are a board member: complete criminal history consent, disclose conflicts promptly, attend meetings to ensure quorum rules are met (s 29ZF).
If you are a public entity obliged to provide extracts: document costs and only charge actual cost (s 27(7)).
Following these source‑grounded steps will reduce legal and operational risk, support transparency obligations under the Act and help demonstrate compliance in administrative or statutory review contexts.
The commission represents the State.
Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.
(sec.7-ssec.1) The commission represents the State.
(sec.7-ssec.2) Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.
sec.8 Application of other Acts
sec.8 Application of other Acts
The commission is—
a unit of public administration under the Crime and Corruption Act 2001 ; and
a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.
(sec.8-ssec.1) The commission is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.8-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.
(a) a unit of public administration under the Crime and Corruption Act 2001 ; and
(b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
pt.2-div.2 Functions and powers
Functions and powers
sec.9 Commission’s functions
sec.9 Commission’s functions
The commission has the following functions for the purposes of promoting the safety, wellbeing and best interests of children and young people and improving the child protection system—
to provide oversight of the child protection system;
to promote and advocate—
the responsibility of families and communities to protect and care for children and young people; and
the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;
to develop and review workforce planning and development strategies for the child protection system by collaborating with relevant agencies, the private sector and education providers;
to inform and educate the community about—
services available to strengthen and support families; and
the way in which the child protection system operates; and
research relevant to the child protection system;
to develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies;
to assist relevant agencies evaluate the efficacy of their programs and identify the most effective service models;
to provide leadership and give expert advice to relevant agencies about laws, policies, practices and services;
to increase collaboration and build capacity across different sectors to improve the delivery of services to children, young people and families;
to analyse and evaluate, at a systemic level, policies and practices relevant to the child protection system and the performance of relevant agencies in delivering services;
to report to the Minister about matters relating to a function mentioned in paragraphs (a) to (i) ;
to perform a function incidental to a function mentioned in paragraphs (a) to (i) .
Also, the commission has the functions given to it under the Child Safe Organisations Act 2024 or another Act.
However, it is not a function of the commission under this Act to investigate the circumstances of a particular child, young person or family or to advocate on their behalf.
In performing its functions under this Act and the Child Safe Organisations Act 2024 , the commission must avoid unnecessary duplication of the board’s performance of its functions under part 3A .
s 9 amd 2020 No. 2 s 16 ; 2024 No. 49 s 120
(sec.9-ssec.1) The commission has the following functions for the purposes of promoting the safety, wellbeing and best interests of children and young people and improving the child protection system— to provide oversight of the child protection system; to promote and advocate— the responsibility of families and communities to protect and care for children and young people; and the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system; to develop and review workforce planning and development strategies for the child protection system by collaborating with relevant agencies, the private sector and education providers; to inform and educate the community about— services available to strengthen and support families; and the way in which the child protection system operates; and research relevant to the child protection system; to develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies; to assist relevant agencies evaluate the efficacy of their programs and identify the most effective service models; to provide leadership and give expert advice to relevant agencies about laws, policies, practices and services; to increase collaboration and build capacity across different sectors to improve the delivery of services to children, young people and families; to analyse and evaluate, at a systemic level, policies and practices relevant to the child protection system and the performance of relevant agencies in delivering services; to report to the Minister about matters relating to a function mentioned in paragraphs (a) to (i) ; to perform a function incidental to a function mentioned in paragraphs (a) to (i) .
(sec.9-ssec.1A) Also, the commission has the functions given to it under the Child Safe Organisations Act 2024 or another Act.
(sec.9-ssec.2) However, it is not a function of the commission under this Act to investigate the circumstances of a particular child, young person or family or to advocate on their behalf.
(sec.9-ssec.3) In performing its functions under this Act and the Child Safe Organisations Act 2024 , the commission must avoid unnecessary duplication of the board’s performance of its functions under part 3A .
(a) to provide oversight of the child protection system;
(b) to promote and advocate— (i) the responsibility of families and communities to protect and care for children and young people; and (ii) the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;
(i) the responsibility of families and communities to protect and care for children and young people; and
(ii) the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;
(c) to develop and review workforce planning and development strategies for the child protection system by collaborating with relevant agencies, the private sector and education providers;
(d) to inform and educate the community about— (i) services available to strengthen and support families; and (ii) the way in which the child protection system operates; and (iii) research relevant to the child protection system;
(i) services available to strengthen and support families; and
(ii) the way in which the child protection system operates; and
(iii) research relevant to the child protection system;
(e) to develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies;
(f) to assist relevant agencies evaluate the efficacy of their programs and identify the most effective service models;
(g) to provide leadership and give expert advice to relevant agencies about laws, policies, practices and services;
(h) to increase collaboration and build capacity across different sectors to improve the delivery of services to children, young people and families;
(i) to analyse and evaluate, at a systemic level, policies and practices relevant to the child protection system and the performance of relevant agencies in delivering services;
(j) to report to the Minister about matters relating to a function mentioned in paragraphs (a) to (i) ;
(k) to perform a function incidental to a function mentioned in paragraphs (a) to (i) .
(i) the responsibility of families and communities to protect and care for children and young people; and
(ii) the safety and wellbeing of children and young people, particularly children in need of protection or in the youth justice system;
(i) services available to strengthen and support families; and
(ii) the way in which the child protection system operates; and
(iii) research relevant to the child protection system;
sec.10 Commission’s powers
sec.10 Commission’s powers
The commission has all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, deal with and dispose of property; and
appoint agents and attorneys; and
engage consultants or contractors; and
do anything else necessary or convenient to be done in the performance of its functions.
Without limiting subsection (1) , the commission has the powers given to it under this Act or another Act.
(sec.10-ssec.1) The commission has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants or contractors; and do anything else necessary or convenient to be done in the performance of its functions.
(sec.10-ssec.2) Without limiting subsection (1) , the commission has the powers given to it under this Act or another Act.
(a) enter into contracts; and
(b) acquire, hold, deal with and dispose of property; and
(c) appoint agents and attorneys; and
(d) engage consultants or contractors; and
(e) do anything else necessary or convenient to be done in the performance of its functions.
pt.2-div.3 Commissioners
Commissioners
sec.11 Appointment of commissioners
sec.11 Appointment of commissioners
There are to be 2 commissioners for the commission.
Each commissioner is appointed by the Governor in Council on the recommendation of the Minister.
One of the commissioners is to be appointed as the principal commissioner.
The Minister may recommend a person for appointment only if the Minister is satisfied the person is appropriately qualified to exercise the commission’s functions effectively and efficiently.
Also, at least 1 person recommended by the Minister for appointment as a commissioner must be an Aboriginal person or a Torres Strait Islander.
(sec.11-ssec.1) There are to be 2 commissioners for the commission.
(sec.11-ssec.2) Each commissioner is appointed by the Governor in Council on the recommendation of the Minister.
(sec.11-ssec.3) One of the commissioners is to be appointed as the principal commissioner.
(sec.11-ssec.4) The Minister may recommend a person for appointment only if the Minister is satisfied the person is appropriately qualified to exercise the commission’s functions effectively and efficiently.
(sec.11-ssec.5) Also, at least 1 person recommended by the Minister for appointment as a commissioner must be an Aboriginal person or a Torres Strait Islander.
sec.12 Commissioners employed under this Act
sec.12 Commissioners employed under this Act
A commissioner is employed under this Act and not under the Public Sector Act 2022 .
s 12 amd 2022 No. 34 s 365 sch 3
sec.13 Term of office
sec.13 Term of office
Subject to this subdivision, a commissioner holds office for the term, stated in the commissioner’s instrument of appointment, of not more than 3 years.
sec.14 Conditions of appointment
sec.14 Conditions of appointment
A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.
A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
(sec.14-ssec.1) A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.14-ssec.2) A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
sec.15 Vacancy in office
sec.15 Vacancy in office
The office of a commissioner becomes vacant—
if the commissioner—
resigns office by signed notice to the Minister giving at least 1 month’s notice; or
is convicted of an indictable offence; or
is a person who is an insolvent under administration; or
is removed from office by the Governor in Council under subsection (2) ; or
if the commissioner is suspended by the Minister under subsection (4) —during the period of the suspension.
The Governor in Council may, at any time, remove a commissioner from office on the recommendation of the Minister.
The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner—
has been guilty of misconduct; or
is incapable of performing his or her duties; or
has neglected his or her duties or performed them incompetently.
The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if—
there is an allegation of misconduct against the commissioner; or
the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.
s 15 amd 2023 No. 23 s 247 sch 1 s 2 (2)
(sec.15-ssec.1) The office of a commissioner becomes vacant— if the commissioner— resigns office by signed notice to the Minister giving at least 1
This is an opening excerpt, not the complete document.