QLDIn ForceAct
Public Guardian Act 2014
sec.57Requirement to visit children under care in visitable homes
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### sec.57 Requirement to visit children under care in visitable homes
The public guardian may direct a community visitor (child) to visit a child under care staying at a visitable home.
In deciding whether to direct a community visitor (child) to visit a child under care at a visitable home, the public guardian may have regard to the following matters—
the child’s age;
the number of children staying at the home;
the appropriateness of the accommodation at the home;
whether the chief executive (child safety) has a reasonable suspicion under the Child Protection Act , section 14 that the child is in need of protection;
the number of visitable locations the child has stayed at;
whether the child has moved out of visitable locations without the approval of the chief executive (child safety);
the child’s cultural or linguistic background;
whether, under the Youth Justice Act 1992 —
a caution has been administered to the child; or
an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or
an opportunity to attend a program has been offered to the child; or
other action has been taken against the child;
any other matter the public guardian considers relevant, including, for example, any physical disability or impairment.
The public guardian may decide the regularity or frequency of visits to the child.
In this section—
impairment means a cognitive, intellectual, neurological or psychiatric impairment.
s 57 amd 2016 No. 39 s 37 sch 1
(sec.57-ssec.1) The public guardian may direct a community visitor (child) to visit a child under care staying at a visitable home.
(sec.57-ssec.2) In deciding whether to direct a community visitor (child) to visit a child under care at a visitable home, the public guardian may have regard to the following matters— the child’s age; the number of children staying at the home; the appropriateness of the accommodation at the home; whether the chief executive (child safety) has a reasonable suspicion under the Child Protection Act , section 14 that the child is in need of protection; the number of visitable locations the child has stayed at; whether the child has moved out of visitable locations without the approval of the chief executive (child safety); the child’s cultural or linguistic background; whether, under the Youth Justice Act 1992 — a caution has been administered to the child; or an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or an opportunity to attend a program has been offered to the child; or other action has been taken against the child; any other matter the public guardian considers relevant, including, for example, any physical disability or impairment.
(sec.57-ssec.3) The public guardian may decide the regularity or frequency of visits to the child.
(sec.57-ssec.4) In this section— impairment means a cognitive, intellectual, neurological or psychiatric impairment.
- (a) the child’s age;
- (b) the number of children staying at the home;
- (c) the appropriateness of the accommodation at the home;
- (d) whether the chief executive (child safety) has a reasonable suspicion under the Child Protection Act , section 14 that the child is in need of protection;
- (e) the number of visitable locations the child has stayed at;
- (f) whether the child has moved out of visitable locations without the approval of the chief executive (child safety);
- (g) the child’s cultural or linguistic background;
- (h) whether, under the Youth Justice Act 1992 — (i) a caution has been administered to the child; or (ii) an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or (iii) an opportunity to attend a program has been offered to the child; or (iv) other action has been taken against the child;
- (i) a caution has been administered to the child; or
- (ii) an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or
- (iii) an opportunity to attend a program has been offered to the child; or
- (iv) other action has been taken against the child;
- (i) any other matter the public guardian considers relevant, including, for example, any physical disability or impairment.
- (i) a caution has been administered to the child; or
- (ii) an offence allegedly committed by the child has been referred to the chief executive of the department in which that Act is administered for a restorative justice process under that Act; or
- (iii) an opportunity to attend a program has been offered to the child; or
- (iv) other action has been taken against the child;