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Community Legal Centres Queensland - PowerPoint Presentation

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Community Legal Centres Queensland - PPT Presentation

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

child act protection court act child court protection dcpl contact order safety rules childrens director representative amendment review case

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Presentation Transcript

Slide1

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?