Child protection in Queensland 2016 legislative amendments webinar 27 May 2016 Nigel A Miller AAssistant Director Family Law Services Legal Aid Queensland Overview of the justicerelated reforms ID: 652823
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Community Legal Centres QueenslandChild protection in Queensland – 2016 legislative amendments webinar27 May 2016
Nigel A Miller
A/Assistant Director, Family Law Services
Legal Aid QueenslandSlide2
Overview of the justice-related reforms Amendments to the Child Protection Act 1999 (CP Act)
Director of Child Protection Litigation Act 2016 (DCPL Act
)
Remaking of
Childrens
Court RulesSlide3
Director of Child Protection Litigation (DCPL)DCPL Act and consequential amendments to CP ActOffice of the Director of Child Protection Litigation (DCPL) established
Office of the Official Solicitor (OCFOS) established
Amendment to s66(4) CP Act – court may direct Child Safety to do things during an adjournmentSlide4
Disclosure Section 189C CP Act – disclosure obligation of DCPLSection 24 DCPL Act – corresponding obligation of Child Safety
It is anticipated that the remade Childrens Court Rules may provide additional detail for disclosure in a proceeding – see s189C(8)Slide5
Refusing disclosureSection 191 CP Act – grounds for refusal to disclose include where a document or information:
i
s subject
to legal professional
privilege
i
s a
communication between DCPL and Child
Safety
w
ould endanger
a person’s
safety/psychological health if disclosed
i
s a confidential counselling record and the person it relates to does not consent
w
ould prejudice, or lead
to the identification of a confidential source
for, an investigationSlide6
Court case management frameworkChildrens Court benchbook
Practice directions
Childrens
Court rules
CP Act:
New s68A
s114 and amended s115Slide7
Representation of childrenAmendment to s108 CP Act – a subject child may appear in person or be represented by one/both of:Direct representative
Separate representative
Amendment to s110 CP Act:
Application to child protection proceedings only
Role of the separate representative clarified in the Act
Matters the court must consider when deciding whether to make an order appointing a separate representative may be prescribed in the Childrens Court RulesSlide8
Court ordered conferences (COCs)Amendment to s59(1)(c) CP Act – final child protection order may be made without a COC being held in exceptional circumstancesSlide9
Withdrawing application for CPONew s57A CP Act leave required to withdraw an application for a child protection orderReasons must be given to the courtSlide10
Non-partiesAmendment to s113 CP ActScope of the non-party’s role defined by the Magistrate’s s113 order:
Must include how and when they take part
May also include conditions, things they must do, and provisions of the Act that apply as if they were a party
A s113 non-party may be represented by a lawyerSlide11
Long-term guardianshipAmendment to s59 CP Act – when making a long-term guardianship order, the court must be satisfied that the case plan includes living and contact arrangements for the child
Amendment of s51VA CP Act – in addition to the child and a long-term guardian, a parent may also request Child Safety review a case planSlide12
QCAT contact reviewNew s99MA CP Act Qld Civil and Administrative Tribunal contact review suspended if there is a concurrent child protection proceeding
Court may deal with the substance of the review by making interim orders about contact
The QCAT contact review may proceed if the Court doesn’t make an interim contact orderSlide13
Questions/comments?