Child Safety Practice Manual

Procedures Engage with other jurisdictions

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Child Safety Practice ManualProcedures: Engage with other jurisdictions

Table of contents

Engage with other jurisdictions....................................5Overview.............................5Purpose...............................5Policies................................6Legislation..........................6Key steps............................6

Version history......................6Page history.......................6Download document.........7Engage with other jurisdictions......................................................7

Engage with other states, territories and New Zealand. 8Engage with other states, territories and New Zealand 8Share information with another state 8Request case work in another state 9Respond to a request for case work from another state 9Request a reunification assessment in another state 10Respond to a request for a reunification assessment from another state.......................11Request an assessment of kin for family contact or a holiday in another state.......................11Respond to a request for an assessment for family contact or a holiday from another state13Place a child in another state 13

Request the assessment of a carer in another state................15Request assistance from another state to locate a non-relative care arrangement............15

Respond to a request for assistance to locate a non-relative care arrangement from another state 16Respond to a request from another jurisdiction to complete a carer assessment................17Enact a Queensland warrant in another state 18Respond to a request to recover a child in Queensland 19Transfer a child protection order to another state 20

Request an administrative transfer of an order to another state...................................21Request a judicial transfer of an order to another state.........22Request the transfer of a child protection proceeding............23

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Child Safety Practice ManualProcedures: Engage with other jurisdictions

Related forms, templates and resources 24Acceptance of request to provide case work assistance ........24Interstate child protection protocol ............................................24Interstate child protection protocol operating procedures ....24Interstate child protection warrants protocol ...........................24Interstate request for case work assistance .............................25Letter advising parent/s of placement information .................25Request for Interstate Assessment – Family Contact/Holiday 25Request for interstate assessment - initial kinship carer .......25Request for Interstate Assessment - Reunification .................25Request to locate an interstate placement ...............................25

Version history....................26Page history.....................26

Family courts...............27The interface between the family law courts and Child Safety 27Provide information to family law courts 29Independent children’s lawyers 30

Respond to contact by an independent children’s lawyer.......30Magellan case management31Assess information received about harm or risk of harm 32Consider the implications of an existing parenting order 32Family law court requesting intervention by Child Safety—section 91B orders.............34Respond to alleged harm during contact ordered by a family law court......................................34Respond to alleged harm by a parent with whom the child lives under a parenting order....36Respond to a child in need of protection 36

Intervention where there are current proceedings in a family law court  .........................36Intervention where parenting orders exist.................................37Intervention when a child requires ongoing protection...........38

Decide which court should hear proceedings 40Respond to a parent’s request for a statement of position letter...............................................40Related forms, templates and resources 42

Statement of position letter .........................................................42Protocol between the Family Court of Australia and the Federal Magistrates Court of Australia and the Department of Child Safety Queensland 42

Version history....................43Page history.....................43

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsManage international child protection matters............44

Related forms, templates and resources 45Interstate child protection protocol ............................................45Interstate child protection protocol operating procedures ....46

Version history....................46Page history.....................46

Victim Assist Queensland 47Version history....................49

Page history.....................49

Queensland Civil and Administrative Tribunal.............50Queensland Civil and Administrative Tribunal 50Reviewable decisions and review applications50

Respond when an application for review is submitted.............52Reviewable decision in relation to family contact where there are Childrens Court proceedings..................................................53

Respond when a directions hearing is requested 54Information notices.........55Statement of reasons.....55

Stay hearings and compulsory conferences 56Stay hearings...................56Compulsory conferences56Prepare for a stay hearing or compulsory conference.............56During a stay hearing or compulsory conference......................57After a stay hearing or compulsory conference.........................57

Full hearing..........................58Prepare for a full hearing58During a full hearing.......59The delivery of the decision by QCAT..........................................60

Guardianship and administration 61Related forms, templates and resources 61

OPG - Regional visiting manager contact details .....................61Reviewable decisions . . . .62Queensland civil and administrative tribunal - when a review application is filed ..........62

Version history....................62Page history.....................62

Memoranda of understanding.....................................64Memoranda of understanding 64Queensland Health Child and Youth Mental Health Services 64

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Department of Housing.....65The Royal Society for the Prevention of Cruelty to Animals Queensland..........................65Department of Justice and Attorney-General 66Department of Education—education outcomes 66Department of Education—principal advisors student protection...............................................66Office of the Public Guardian—information exchange 67Office of the Public Guardian—complaints management 67Department of Communities—access to confidential information through shared information systems 67Department of Communities—improving the interface between the Department of Communities-funded Supported Accommodation Assistance Program youth services and Child Safety...................................68The National Disability Agreement 68Version history....................68

Page history.....................68

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Child Safety Practice ManualProcedures: Engage with other jurisdictions

Engage with other jurisdictionsUse this procedure to understand processes and respond appropriately when working across other jurisdictions including Australian states and territories and New Zealand, Family Courts, The Queensland Civil and Administrative Tribunal (QCAT) and other government and non-government agencies.

 

OverviewUse this procedure to understand processes and respond appropriately when working with other jurisdictions including:

other states, territories and New Zealand family courts the Queensland Civil and Administrative Tribunal (QCAT) other government and non-government departments.

At times, the wellbeing and best interests of children are achieved through collaboration and timely communication with other jurisdictions. Engaging with other jurisdictions may involve:

sharing information requesting and responding to case work tasks and case

management transferring child protection orders and proceedings responding when a child is subject to parenting orders or family

law court proceedings other tasks to promote the child’s safety and wellbeing.

This procedure also contains information about memoranda of understanding (MOU) negotiated between Child Safety and other important agencies. 

PurposeChild Safety has a statutory obligation to work with other agencies as well as with other states, territories and New Zealand to:

promote the safety and wellbeing of children respond to the needs of a child in need of protection if they move

from one jurisdiction to another respond to and, where appropriate, intervene in circumstances

where a child is subject to parenting orders or family law court

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Child Safety Practice ManualProcedures: Engage with other jurisdictions

proceedings and the child is being harmed or is at unacceptable risk of harm

negotiate access to support and assistance for children subject to child protection intervention.

PoliciesInterstate transfers of child protection orders and proceedings (401)

Legislation Child Protection Act 1999 Family Law Act 1975 Family Law Regulations 1984 Family Law Rules 2004 Family Law (Child Abduction Convention) Regulations 1986 Family Law (Child Protection Convention) Regulations 2003 Federal Circuit Court Rules 2001 Queensland Child Protection (International Measures) Act 2003 Queensland Civil and Administrative Tribunal Act 2009 Service and Execution of Process Act 1992

Key steps Engage with other states, territories and New Zealand Family courts Manage international child protection matters Victim Assist Queensland Queensland Civil and Administrative Tribunal Memoranda of understanding

Version historyPublished on: 10 December 2019   Last reviewed: 10 December 2019

Page history10 December 2019Links updated

5 December 2019Replace Word / PDF version - Procedure Engage with other jurisdictions

2 December 2019Page update

28 November 2019Page Created

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Child Safety Practice ManualProcedures: Engage with other jurisdictions28 November 2019Page Created

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Child Safety Practice ManualProcedures: Engage with other jurisdictions

Engage with other states, territories and New Zealand 

Engage with other states, territories and New ZealandThe Child Protection Act 1999 provides for the transfer of orders and proceedings between Queensland, other states, territories and New Zealand. The Interstate Child Protection Protocol (the Protocol), and the Interstate Child Protection Protocol Operating Procedures, provide guidelines for:

the sharing of information obtaining interstate assessments requests for case work assistance and care arrangements transfer of child protection orders and proceedings.

All requests Child Safety receives from other jurisdictions are received initially by the Interstate Liaison (IL) team at Court Services. Any requests a CSSC needs to make to another jurisdiction are undertaken by the IL team.

            Note            Throughout this procedure, ‘state’ refers to any other state or

territory of Australia and also to New Zealand.   

Share information with another stateInformation may be shared with another state when the chief executive reasonably believes the information is required to perform a function under that state’s child welfare law. This includes sharing information relating to an unborn child who may be at risk after birth.

If the CSAHSC is responding to a matter that requires an application to the on-call magistrate, they may consult with the on-call OCFOS lawyer for legal advice.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsWhen a CSSC enters into an agreement with another state, the CSSC can share information with the child protection agency in that state without the involvement of the ILO.

An example is when a CSSC has entered into an agreement with another state to provide case work assistance to a child currently in Queensland who is subject to intervention in that state. If in doubt, contact the IL team.

Request case work in another stateIf a child is subject to Queensland child protection intervention and they reside in another state, Child Safety can request case work assistance to be provided to the child by the equivalent department in that state. As mentioned, this request is initially negotiated with the state by the IL team.

A  CSSC is able to request case work assistance from another state for a child who has self-placed or is residing interstate as a result of a case plan decision. The IL team will inform the CSSC when a response has been received, usually within 4 to 6 weeks of the request.

To request case work assistance: 

Complete theInterstate request for case work assistance form. Provide all information and list the specific case work tasks

requested. Sign, and arrange for the senior team leader to sign, the

completed Interstate request for case work assistance form. Attach supporting documentation, for example, the child's

current case plan. Email the request to ILO@csyw.qld.gov.au.

            Attention            Case management and financial costs remain the responsibility of

the CSSC in Queensland unless the child protection order is officially transferred to another state or until the order expires.  

  

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsRespond to a request for case work from another stateAnother state may request case work assistance for a child who resides in Queensland and who is subject to child protection intervention in the other state. If this occurs, the IL team will:

ensure the requesting state provides relevant information and supporting documentation about the child

provide all relevant documentation to the CSSC manager liaise with the CSSC about accepting the case work request or

facilitate negotiations with the requesting state, if needed.  

The CSSC will:

review the documentation received from the IL team and contact the requesting state to clarify any matters

have the CSSC manager sign and date the Acceptance of request to provide case work assistance form and return it to the ILO@csyw.qld.gov.au mailbox.

allocate case work tasks to a CSO.

            Time sensitive            Respond to another state’s request for case work assistance as

soon as possible. Responses should be provided within 4 to 6 weeks.  

Request a reunification assessment in another stateIf a child is subject to a Queensland child protection order or child protection proceeding, and a reunification assessment needs to be completed to determine if the child can return to the care of a parent in another state:

Contact the IL team at Court Services for advice on the process. Ensure the parent is aware of the assessment and has provided

their consent to participate in the assessment. Complete a non-urgent criminal and domestic violence history on

the parent and, where appropriate, any other household member. Refer to Procedure 2 Check criminal and domestic violence history.

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Child Safety Practice ManualProcedures: Engage with other jurisdictions

Request interstate child protection history checks on the parent and any other adult household member via the Data Management Services (DMS) email DMS_RFI@csyw.qld.gov.au.

Complete the Request for interstate reunification assessment form and provide any supporting documents, for example, a medical report.

Sign, and arrange for the senior team leader to sign, the completed form.

Send all relevant documentation to the IL team at ILO@csyw.qld.gov.au.

            Note            The IL team and the CSSC should receive a response from the

other state within 6 to 8 weeks of the request being submitted. If a response is not received within 6 to 8 weeks, contact the IL team to request follow-up.

  

Respond to a request for a reunification assessment from another stateIf another state requests a reunification assessment be undertaken with a parent residing in Queensland whose child is subject to a child protection order or proceeding in the other state, the IL team will:

ensure the requesting state:

o completes the Request for interstate reunification assessment form

o provides relevant supporting documents, for example, a criminal and domestic violence history report  

provide all of the received material to the CSSC manager liaise with the CSSC about completing the assessment in the

agreed timeframe.

When a CSSC receives a request for a reunification assessment, it will be allocated to a CSO who will:

liaise with the IL team and the requesting state to clarify any issues

complete the assessment in the agreed timeframe arrange for the CSSC manager or senior team leader to sign off

on the assessment

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send the assessment to the IL team email ILO@csyw.qld.gov.au. The IL team will send the assessment to the requesting state.

Request an assessment of kin for family contact or a holiday in another stateBefore requesting an assessment of kin, the CSSC manager must decide whether overnight contact with kin can proceed as family contact or a holiday, or the kin requires approval as a carer. Refer to Procedure 5 Decide the nature   of overnight contact with kin .

To facilitate an assessment when the child’s kin resides interstate or in New Zealand, complete the following actions at least 9 weeks before the proposed visit:

Contact the child’s kin and:

o confirm they are aware of the proposed visit and willing to care for the child

o discuss any relevant issues relating to the proposed visit and the child’s safety during the visit.

Request an interstate or New Zealand child protection history check on the kin and all other household members via the DMS. Email DMS_RFI@csyw.qld.gov.au.

Complete the Request for interstate assessment—family contact/holiday and attach any relevant documentation, for example, a medical report.

Have the request signed by the CSO with case responsibility and also by the senior team leader.

Email the completed form and supporting documentation to the IL team via the email ILO@csyw.qld.gov.au.

The IL team will:

ask the other state to complete the assessment of the kin to determine suitability for family contact or a holiday

send the completed assessment to the CSSC manager once received.

The CSSC manager will decide whether the family contact or holiday will proceed, taking into consideration the assessment of the other jurisdiction.

            Attention 

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Child Safety Practice ManualProcedures: Engage with other jurisdictions           Additional approvals are required for interstate or international

travel, or if a passport application is required. Any international travel, including travel to New Zealand, requires the consent of the child’s guardian.

  

If the family contact or holiday interstate or in New Zealand is proceeding:

Obtain approval for the interstate or international travel―refer to Procedure 5 Make travel decisions—intrastate or interstate and Travel decisions − overseas.

Obtain approval for a passport application, if needed―refer to Procedure 5 Apply for a passport. 

Advise the IL team of the:

o decision to proceed with the family contact or holidayo proposed dates for the visito details of the child’s kin, including their name, relationship

to the child, address and telephone number.

The IL team will advise the other jurisdiction of the child’s intended visit and:

request the details of the local office responsible for the location where the child’s kin lives

give the CSO the contact details of the relevant office in the other jurisdiction.

Respond to a request for an assessment for family contact or a holiday from another stateAnother state may contact Child Safety requesting that an assessment be conducted for the purpose of facilitating family contact or a holiday.

The requesting state will contact the IL team, Court Services, and provide the completed Request for interstate assessment—family contact /holiday (or the requesting jurisdiction's equivalent form).

The IL team will:

ensure that sufficient information has been provided in relation to the child's behaviour and medical issues

send the CSSC manager or the director of the Placement Services Unit (PSU) relevant documentation, including an accompanying letter, summary of the case and the due timeframe

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maintain contact with the CSSC or PSU to ensure completion of the request within the agreed timeframe.

In response to the assessment request, the CSSC or PSU will:

conduct the assessment within the agreed timeframe or obtain CSSC manager approval to contract the assessment out to a private practitioner

liaise with the IL team or the requesting state to clarify any issues

complete the assessment report and seek approval for the recommendation from the CSSC manager, senior team leader or the director of the PSU

email the completed assessment report, signed by the CSSC manager, senior team leader or director of the PSU, to the IL team

post the original report to the IL team file a copy of the report within the CSSC or PSU, as appropriate.

On receipt of the assessment report, the IL team will forward the report to the IL team in the requesting jurisdiction.

Place a child in another stateA child who is in the custody or guardianship of the chief executive is not able to be placed in another state unless the child’s proposed carer is approved as a Queensland foster or kinship carer.

The decision to place a child in another state must be in line with the child’s case plan goals, so a case plan review and updated case plan may be required before placing the child interstate. Refer to Procedure 5 Review the case plan.  

            Attention            For an Aboriginal or Torres Strait Islander child, decisions about

where and with whom a child lives and about whether to place a child in another state are considered significant. With the child’s and family’s consent:

arrange for an independent person to help facilitate the child’s and family’s participation in the decisionandoffer the child and family the opportunity to participate in a family-led decision making process. Refer to Procedure 5 Refer the family for family-led decision making.

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As part of the decision making process for an Aboriginal or Torres Strait Islander child consider:

the long-term effect of the decision on the child’s identity and connection with their family and community

how the five elements of the child placement principle apply to the decision.

In line with the Child Protection Act 1999, section 86, the decision to place a child in another state is a reviewable decision. If a child is placed in another jurisdiction:

Complete a Letter advising parent/s of placement information for the child and the child’s parents and

Advise the Office of the Public Guardian of the reviewable decision. Refer to Reviewable decisions and review applications.

Case management responsibility for a child placed in another state remains with the CSSC in Queensland unless or until the child protection order is transferred to the other state.

            Note            A person living in Queensland caring for a child who is subject to

a child protection order or child protection proceeding in another jurisdiction does not have to meet Queensland approval or renewal requirements for carers.  They are required to meet the approval and renewal requirements for carers in the other jurisdiction.

  

Request the assessment of a carer in another stateIf an assessment of a proposed carer needs to be completed in another state, the IL team, Court Services, will liaise with the relevant state for the carer assessment to be completed. In line with the Interstate Child Protection   Protocol , carer assessments are to be completed by the requested state within 6 to 8 weeks.

Prior to sending through a request to assess a proposed carer, the CSSC is required to complete all relevant pre-assessment screening checks, unless otherwise negotiated.

If an assessment of a proposed carer needs to be completed in less than 6 weeks, the request is considered to be urgent. The IL team will negotiate

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Child Safety Practice ManualProcedures: Engage with other jurisdictionswith the relevant state regarding the assessment being completed in the required timeframe.

            Attention            If the relevant state needs to outsource the carer assessment to

a private practitioner, the requesting CSSC or the relevant PSU will meet the costs of the assessment.

  

Request assistance from another state to locate a non-relative care arrangementIf a child subject to a child protection order in Queensland requires a care arrangement in another state, assistance may be requested from that state to locate a suitable non-relative carer. The decision to place a child in another jurisdiction must be in line with the child’s case plan goal to achieve safety, belonging and wellbeing.

Before seeking a non-relative care arrangement, consider:

why the planned move may be appropriate (for example, it will enable increased family contact because the child’s parent is living in another state)

how the move promotes the child’s relational and physical permanency needs

the difficulty all states experience in recruiting non-relative carers.

            Attention            All kinship options for a child locally and in other states must be

exhausted prior to any consideration being given to asking another state to locate a non-relative carer for a child. Potential family care options within the paternal and maternal sides of a child’s extended family will be fully explored and documented in a genogram for the child, attached to the child’s case plan in ICMS.

  

To request assistance from another state to locate a non-relative care arrangement:

Advise the IL team of the request.

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Complete the Request to locate an interstate placement form and provide details about the type of care arrangement being sought, preferred location and the child’s strengths and needs.

Provide supporting documentation, for example, the child’s case plan and Evolve therapeutic assessment.

Sign the request and seek the senior team leader’s endorsement. Email the Request to locate an interstate placement form and all

other documentation to the IL team at ILO@csyw.qld.gov.au.

Once the form and documentation have been received by the IL team, they will:

send the request to the relevant state liaise with the other state until a care arrangement is located or

advice is received that a care arrangement cannot be located update the CSO and senior team leader on the progress and

outcome of the request.

If another state locates a care arrangement, make arrangements for the proposed carer to be approved as a Queensland carer. Refer to  Decide the outcome of the application.

            Time sensitive            A request for assistance from another state to locate a non-

relative care arrangement for a child remains active for 3 months. If a care arrangement is not able to be located within 3 months, the IL team will close the request.

  

Respond to a request for assistance to locate a non-relative care arrangement from another stateAnother state may ask Child Safety to locate a non-relative carer in Queensland for a child subject to a child protection order in the other state.  

The IL team will liaise with the relevant PSU to respond to a request received from another state for a carer assessment to be completed on a proposed carer in Queensland.

A person living in Queensland caring for a child who is subject to a child protection order or child protection proceeding in another jurisdiction does not have to meet Queensland approval or renewal requirements for

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Child Safety Practice ManualProcedures: Engage with other jurisdictionscarers.  They are required to meet the approval and renewal requirements for carers in the other jurisdiction.

In this circumstance, the IL team will:

make sure the requesting state completes the Request to locate an interstate placement form and provides supporting documentation

forward all the documentation to the relevant PSU director liaise with the PSU and the requesting state to advise if an

appropriate care arrangement has been located, or if a care arrangement is unable to be located.

In response to the request, the PSU will:

liaise and seek additional information from the IL team and the case worker from the requesting state, as required

advise the IL team if an appropriate care arrangement has been located or if a care arrangement is unable to be located

advise the relevant CSSC if the child is to be placed in their geographical area.

            Note            If the PSU locates a non-relative care arrangement in Queensland

for a child from another state, the requesting state is responsible for approving the proposed carer under the provisions of the legislation in effect in that state.

  

Respond to a request from another jurisdiction to complete a carer assessmentAnother state may ask Child Safety to assess a proposed carer who resides in Queensland, or to complete a carer renewal assessment. In these circumstance, the IL team will:

have the requesting state complete the Interstate request for initial carer assessment and provide supporting documentation for the assessment

liaise with the PSU about completing the assessment in the agreed timeframe.

The PSU will:

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liaise with the IL team and the requesting state to arrange for the carer assessment to be completed

provide the carer assessment report to the PSU director for endorsement

email a signed copy of the carer assessment report to the IL team at ILO@csyw.qld.gov.au.  

Before requesting the assessment of a proposed carer, the requesting state is required to complete all relevant pre-assessment screening checks, unless otherwise negotiated.

If the assessment is outsourced to a private practitioner, the requesting state is responsible for meeting the associated costs.

            Tip            A Queensland household safety study may be completed as part

of the carer assessment, regardless of whether the requesting state’s assessment requirements include a similar household safety requirement.

  

Enact a Queensland warrant in another stateBefore requesting the assessment of a proposed carer, the requesting state is required to complete all relevant pre-assessment screening checks, unless otherwise negotiated.

Warrants are enacted interstate under the Commonwealth Service and Execution of Process Act 1992. The Child Protection Act 1999, section 171   allows for a child subject to a Queensland child protection order to be returned to Queensland if unlawfully removed from a person’s custody or guardianship in Queensland.

The Interstate Child Protection Warrants Protocol  provides guidelines:

to give effect to Queensland legislation to arrange the return of a child subject to a Queensland child

protection order.

To decide if a warrant is needed, refer to Procedure 5 Respond when a warrant for a child is required.

            Attention

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Child Safety Practice ManualProcedures: Engage with other jurisdictions            The whereabouts of a child in another state must be known

before a warrant recovery process can be initiated.  

If the Childrens Court has issued a warrant and a child needs to be recovered from another state:

Contact the IL team to advise a warrant has been issued and to seek guidance on the process for enacting the warrant.

Provide the local Queensland police station with a copy of the warrant. The QPS will contact the local police station in the other state and provide them with the warrant.

Liaise with the relevant police officer in the other state. Make arrangements to be in the other state at the time when the

warrant is executed to:

o assist the policeo attend the Childrens Court in the other state for the

magistrate to make an order for the child to be placed in custody (to facilitate their return to Queensland).  

            Note            The CSO must have a copy of the warrant and the child

protection order when attending court in another state.   

If there is a delay in the CSO attending another state, the IL team may request a worker from the state where the child has been located to attend court on behalf of Child Safety. In this circumstance, the magistrate may make an order granting temporary custody of the child to the child protection department in the other state to facilitate the child’s return to Queensland as soon as possible. 

Child Safety may request the other state to place a child with carers until the CSO arrives. The other state may ask Child Safety to cover the cost of this care arrangement.  

Respond to a request to recover a child in QueenslandThe Queensland IL team must be involved in all interstate warrant matters, even if another state contacts a CSSC directly to recover a child

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsin Queensland. The CSSC cannot assist with the recovery unless this is negotiated by the IL team.

If another state seeks the recovery of a child in Queensland, the IL team at Court Services will:

refer to the Interstate child protection warrants protocol consult with the relevant state to make sure procedures are

followed inform the local CSSC if they are required to assist.

For another state to enact a warrant in Queensland:

The requesting state will:

o contact the Queensland IL team to advise a warrant is being issued to recover a child from Queensland

o provide the warrant to the police in their state, if the child has been located in Queensland

o have their IL team or their police service contact the QPS and request that the warrant be executed under the Service and Execution of Process Act 1992

o arrange for a staff member to be in Queensland at the time the warrant is being executed to assist the QPS and to attend the Childrens Court

o notify the IL team of the arrangements made and who they have contacted at the QPS to enact the warrant.

The IL team will liaise with the QPS to ensure there is a shared understanding of the warrant being enacted and to determine if any further assistance is required.

A staff member from the requesting state will attend the relevant court.

The QPS will present the warrant and the child at the local childrens or magistrate’s court so the magistrate can make an order for the child to return to the custody of the staff member from the requesting state.  

If there is a delay before a staff member from the requesting state can arrive in Queensland, the requesting state may ask Child Safety to attend court on their behalf. In this circumstance, the magistrate may make an order placing the child in the temporary custody of the chief executive. If this occurs, the child may be placed with an approved carer, and Child Safety may request payment from the other state for the care of the child.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsTransfer a child protection order to another stateChild Safety can seek the transfer of a child protection order or a child protection proceeding to another state in two ways:

through an administrative transfer, which may occur when all relevant parties consent to the transfer of the order (Child Protection Act 1999, section 209) or

through a judicial transfer, which may be sought when a parent is not willing or able to consent to the administrative transfer of an order.

Anorder granting long-term guardianship of a child to a person other than the chief executive or a permanent care order is unable to be transferred to another state. Refer to Request the transfer of a child protection proceeding for information on transferring interim child protection orders.

Request an administrative transfer of an order to another stateChild Safety can only seek another state’s agreement to accept an administrative transfer of an order if:

the child is residing in the state the child’s care arrangement is stable and appropriate and the other state has been providing case work assistance for the

past 3 to 6 months.

A child protection order may only be transferred to another state if the child protection order is current and is not due to expire within 6 months.

To request an administrative transfer of an order to another state:

Meet with the child and family to discuss the proposed transfer. Contact the IL team to discuss the process of transferring the

order to the other state. For an Aboriginal or Torres Strait Islander child, with the child’s

and family’s consent, arrange for an independent person to help facilitate their participation in the decision-making process. Also offer them the opportunity to participate in a family-led decision making process. Consider the long-term effect of the decision on the child’s identity and connection with their family and community, and how the five elements of the child placement principle apply to the decision.

Seek the written consent of:

o the child, if the child is 12 years of age or over

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o the child’s parentso the child’s carer, if the carer has moved or is moving with

the child to the state where the request is being made under the Child Protection Act 1999, section 209(1).

Complete the Request for Interstate Transfer of Child Protection Order form and Consent for Interstate Transfer form obtained from Court Services.

Email the request to ILO@csyw.qld.gov.au.

If a child’s parents cannot be contacted or their whereabouts are unknown, attach a record of the attempts made to contact them and to seek their written views about the proposed transfer.

            Note            Case management and financial costs remain the responsibility of

the CSSC unless the order is officially registered in the court of the other state. When the order is registered in the court of the other state, the transfer is finalised.

  

The IL team will:

advise the CSSC manager when advice of consent to the transfer has been received from the accepting state

provide a letter to the CSSC manager that must be sent within 3 days to all parties whose consent was required for the transfer. This letter advises the consenting parties of their right to make an application for judicial review.  

If an application for judicial review is not lodged within the 28-day appeal period, the IL team will send an Administration transfer of child protection order from Queensland form to the CSSC manager to sign. This will be forwarded to the accepting jurisdiction by the IL team.   

Once the order is registered, the CSSC will:

copy all relevant file material, including a print-outof the electronic file, and send it to the manager in the accepting jurisdiction. The IL team will provide the appropriate address

cease carer payments  close the placement and relevant events on ICMS record a generic case note in ICMS regarding case closure.

The original file for the child will be kept by the CSSC and will not be forwarded to the accepting state.

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Child Safety Practice ManualProcedures: Engage with other jurisdictions            Note            Payments to the child’s carer will occur until the day before the

registration of the order in the state to which the order will be transferred, unless otherwise advised by the IL team.

  

Request a judicial transfer of an order to another stateA judicial transfer of a child protection order may occur when:

a parent is not willing or able to consent to the administrative transfer of a child protection order

the proposed interstate order is equivalent to the Queensland child protection order

the protection that the proposed interstate order is seeking to achieve is unlikely to be achieved by a less intrusive order

the transfer is in the best interests of the child if the child is Aboriginal or Torres Strait Islander, the

requirements of the Child Protection Act 1999, section 5C are satisfied.

To ensure all legal requirements are fully considered, any action regarding the judicial transfer of a child protection order must not be commenced until consultation has occurred with a senior team leader and the IL team.

Once consultation has occurred, recommend to the Director of Child Protection Litigation (DCPL) that a judicial transfer occurs. To do this:

Talk with the child, parents and any other people important to the child about the transfer.

For an Aboriginal or Torres Strait Islander child, with the child’s and family’s consent, arrange for an independent person to help facilitate their participation in the decision-making process and offer the family the opportunity to participate in a family-led decision making process.

In consultation with the senior team leader, seek legal advice from the Office of the Child and Family Official Solicitor (OCFOS) lawyer.

Complete an affidavit. Refer to Procedure 3 Prepare an affidavit.

Once this has occurred, the OCFOS lawyer will complete a referral to the DCPL. 

            Note

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Child Safety Practice ManualProcedures: Engage with other jurisdictions            The DCPL decides if an application will be made to the Children’s

Court to seek the transfer of a child protection order to the other state.

  

Request the transfer of a child protection proceedingConsult with the IL team about transferring a child protection order proceeding to another state. The IL team will provide advice and information about the transfer process.

If a child protection proceeding has been commenced in Queensland but the child and family usually reside in another state, consideration may need to be given to transferring the matter to the state in which the child and family reside, as:

the child and family are likely to have kin and community supports there

the Child Safety equivalent in that state is likely to have more comprehensive information on the child and family to ensure a thorough assessment can be carried out and relevant supports can be put in place.

            Note            It is appropriate for the state in which the child and family usually

reside to make an assessment of the most appropriate order to be sought; however, this will depend on individual family circumstances.

  

The DCPL decides if an application for the transfer of a current child protection proceeding to another state will be made.

Related forms, templates and resources

Acceptance of request to provide case work assistance Form  18 September 2019

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsThis is a secure resource. Only authenticated users may access this content.

Interstate child protection protocol Resource  22 September 2019

This is a secure resource. Only authenticated users may access this content.

Interstate child protection protocol operating procedures Resource  22 September 2019

This is a secure resource. Only authenticated users may access this content.

Interstate child protection warrants protocol Resource  22 September 2019

This is a secure resource. Only authenticated users may access this content.

Interstate request for case work assistance Form  18 September 2019

This is a secure resource. Only authenticated users may access this content.

Letter advising parent/s of placement information Template  20 September 2019

This is a secure resource. Only authenticated users may access this content.

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Child Safety Practice ManualProcedures: Engage with other jurisdictions

Request for Interstate Assessment – Family Contact/Holiday Form  27 November 2019Child Safety request for interstate assessment for family contact / holiday

Request for interstate assessment - initial kinship carer Form  18 September 2019

This is a secure resource. Only authenticated users may access this content.

Request for Interstate Assessment - Reunification Form  18 September 2019

This is a secure resource. Only authenticated users may access this content.

Request to locate an interstate placement Form  18 September 2019

This is a secure resource. Only authenticated users may access this content.

Version historyPublished on: 3 June 2020   Last reviewed: 3 June 2020

Page history3 June 2020Maintenance

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Child Safety Practice ManualProcedures: Engage with other jurisdictions7 April 2020Maintenance

1 April 2020Maintenance.

24 February 2020maintenance.

10 December 2019Links updated

5 December 2019Link updated

28 November 2019Page updated.

27 November 2019Page created

12 November 2019Page created

6 November 2019Page created

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Child Safety Practice ManualProcedures: Engage with other jurisdictions

Family courts 

This section outlines the interface between Child Safety and family law courts, including the process for:

responding to information about harm or risk of harm to a child subject to family law court proceedings under the Family Law Act 1975

responding to requests for Child Safety to intervene in family law court proceedings under the Family Law Act 1975

undertaking an investigation and assessment where there are family law court proceedings underway or parenting orders in existence

intervening when a child requires protection from a parent who has a parenting order in their favour, or where there are current family law court proceedings underway.

The interface between the family law courts and Child SafetyThe interface between Child Safety and the family law courts is guided by the Protocol between the Family Court of Australia and the Federal Magistrates Court of Australia and the Department of Child Safety Queensland as well as information-sharing provisions in the Child Protection Act 1999 and the Family Law Act 1975.

The family law courts are made up of the Family Court of Australia and the Federal Circuit of Australia. These are Commonwealth courts established under the Family Law Act 1975. They deal with a range of matters including divorce, property settlement, parenting disputes, special medical procedures, and Hague Convention (international child abduction) matters.

In deciding whether to make an order, a family law court must regard the best interests of the child as the paramount consideration.

The state magistrates courts also have jurisdiction to deal with some (limited) family law court matters.

            Further reading 

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Child Safety Practice ManualProcedures: Engage with other jurisdictions           Information about family courts is available on the Family Court

of Australia website and the Federal Circuit Court of Australia website.

  

A parenting application is referred to as a ’family court application‘. A ‘parenting order’ is referred to as a ‘family court order’.

Family court orders can cover many parenting arrangements. Typically, they include who has parental rights and responsibilities (similar to guardianship), ‘lives with’ arrangements (similar to custody), and ‘spends time with/communicates with’ arrangements for the child (similar to family contact ).

Inform Court Services immediately if, at any stage during an investigation and assessment or ongoing intervention, a family presents or refers to a family court application or family court order under the Family Law Act 1975. This enables Court Services to:

provide advice and consultation on the child protection/family law interface

seek Legal Services (or private counsel) legal representation at the earliest opportunity if required

provide sufficient notice to the CSSC if they are required to prepare written material in response to an application.

The family law courts’ jurisdiction includes:

the power to make parenting orders in relation to children (including injunctions)

authority to deal with special matters, such as consent to medical treatment

certain powers under international conventions.

            Attention            A family law court cannot make a parenting order in relation to a

child in the care of a person under the Child Protection Act 1999, unless either:

the order is worded to come into effect when the child ceases to be in that careorthe chief executive consents, in writing, to the parenting application proceeding in a family law court. Any proposal to proceed with this

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action must be facilitated through Court Services. 

  

If it appears there may be a need to intervene in family law court proceedings, consult with Court Services. Court Services will consider costs and other responsibilities that may be incurred if Child Safety intervenes, and provide advice about how to proceed. Child Safety may consider intervening in family law court proceedings if they are involved with the family and:

have worries about the safety and wellbeing of a child and the worries can be adequately addressed by a change in the

child’s living arrangements, without the need for ongoing Child Safety involvement and

there is a willing and able parent prepared to participate in family law court proceedings and

the family law court is likely to respond in the most timely and efficient manner to will address the child’s need for protection.

            Note            The Family Law Act 1975 requires Child Safety to be notified

about allegations of child abuse, family violence or risk of family violence. Where allegations of child abuse or family violence arise in family law court proceedings by a party to proceedings, formal notice is received at Data Management Services (DMS) or via the Regional Intake Service (RIS). Refer to Procedure 1 Information from the Family Court or Federal Circuit Court of Australia.

  

Provide information to family law courtsWhere matters come before the family law courts and Child Safety holds relevant child protection information involving any of the relevant parties, this information should be made available to the court as quickly as possible.

Information exchange between Child Safety and family law courts onlyoccurs where legislation permits disclosure. Before exchanging relevant information, consider:

the safety, wellbeing and best interests of the child statutory requirements associated with the child protection and

family law legislation

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statutory requirements associated with information privacy and security

how the wellbeing and protection of children at risk may be promoted through the exchange of information between those concerned with the child and the family.

Ensure that the information to be provided:

is relevant to the respective roles of each party is relevant to the specific purpose for which it is being disclosed safeguards the child’s safety and promotes their best interests.

Information sharing between Child Safety and the family law courts may occur via:

Notices of Risk or Form 4—Notice of child abuse, family violence or risk of family violence

the Family Law Act 1975, section 69ZW orders—Evidence relating to child abuse or family violence

the Family Law Act 1975,section 91B orders—Intervention by child welfare officer

child protection reports being provided to the court where matters are designated as Magellan (refer to Magellan case management)

Child Safety seeking to intervene in family law court proceedings in accordance with Family Law Act 1975, section 92A—Intervention in child abuse cases

Child Safety file material being subpoenaed Child Safety staff being subpoenaed to provide evidence Child Safety participating as a party to proceedings, or appearing

as a friend of the court in proceedings Child Safety filing an affidavit through the appointed independent

children’s lawyer.

Independent children’s lawyersDuring family law court proceedings, an order may be made for an independent children’s lawyer (ICL) to be appointed. The ICL:

acts independently and help the court make orders that will be best for the child

ensures the court is informed of the child’s views (where appropriate).

A child’s involvement in the proceedings is determined by their age, developmental level, cognitive abilities, emotional state and views.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsRespond to contact by an independent children’s lawyerWhen an ICL is appointed by a family law court, the ICL may contact Child Safety to seek information about:

the extent of any child protection involvement with the child or family

whether Child Safety intends to become involved in the family law court proceedings or is considering initiating other legal proceedings.

It is appropriate for the ICL to liaise with parts of Child Safety (such as the RIS or the relevant CSSC) in respect of any involvement Child Safety may have had with the child and family. However, prior tobeing provided with any information, it is necessaryfor the ICL to confirm their appointment. The ICL will demonstrate their appointment by providing the family court Notice of Address for Service form to the CSSC or RIS.

It is also possible for the ICL to share information with Child Safety as it relates to relevant information arising during the course of the family law court proceedings.

Child Safety file material may be provided to the ICL if a subpoena to release the documents is issued, or if an order under the Family Law Act 1975, section 69ZW  is made by the family law court. Subpoenas and section 69ZW orders requiring Child Safety to produce file material are directed to the Director-General. Both are processed by Child Safety’s Right to Information (RTI) unit.

The release of verbal information to the ICL may occur in line with the confidentiality provisions contained in the Child Protection Act 1999, section 187(3).

The release of any information to an ICL, whether verbal or written, should be case noted in the relevant event in ICMS.

            Note            In consultation with Court Services, the CSSC may wish to

prepare a detailed report for the ICL and family law court when Child Safety has had significant involvement with the family and considers the preparation of a detailed report to be in the child’s best interests.

  

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsMagellan case managementMagellan is a case management tool used by the Family Court of Australia in managing applications for matters where allegations of serious physical abuse and sexual abuse are made in relation to a child.

The overarching principles associated with Magellan include:

taking an inter-organisational approach (including Child Safety) having a child-centred focus placing priority on early intervention using a judge-led, tightly managed and time-limited approach using court-ordered expert investigations and assessments (from

Child Safety and court-appointed counsellors) and using a multidisciplinary team (including judicial officers, an ICL,

court counsellors, and Child Safety).

Magellan relies on collaborative and highly coordinated processes and procedures. A crucial aspect is strong interagency coordination, in particular with state and territory child protection agencies. This ensures that problems are dealt with efficiently and that high-quality information is shared. An ICL is appointed in every Magellan case. Child Safety’s Magellan officer is located within Court Services.

Assess information received about harm or risk of harm            Attention            The family law courts do not have the authority, roles or

resources to perform this function. Child Safety is responsible for ensuring children’s safety and need for protection, whether or not family law court proceedings are underway.

  

Child Safety may be provided with information about harm or risk of harm to a child subject to parenting orders or family law court proceedings, or whose parents reside separately from one another.

In addition to following standard intake procedures, decide Child Safety’s response, having regard to the following considerations.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsConsider the implications of an existing parenting orderIf separating families have difficulty in reaching agreement about the future care of a child, they can:

enter into a parenting plan enter into a parenting plan and register the plan with the family

law courts or seek parenting orders from the family law courts.

A parenting plan is a written record of an agreement between the parents about the care of the child. It is signed and dated, but it is not a legally enforceable agreement.

A parenting plan may be registered with the family law courts. When this occurs, once the plan is registered, it is treated as if it were a legally enforceable court order.

Parenting orders may be sought when parents cannot reach an agreement on the future care arrangements for a child, or when the risks to a child are high (for example, when child abuse or domestic and family violence exists). This involves a court application and court process.

Parenting orders include orders stating who has parental responsibility for the child; the persons whom the child is to live with; and the persons the child is to spend time with and communicate with.

When a parenting order is in place and there are child protection worries, a parent may be willing to protect the child but may not be able to do so because of a parenting order requiring the child to live, or have contact, with the other parent.

            Further reading            For information about parenting orders, read the external

resource Parenting Orders—What you need to know.               Attention            It cannot be assumed that a child is not in need of protection

because a parent has taken action to notify Child Safety of harm or risk of harm to a child. Even if a parent has started family law court proceedings, they may not be able to act protectively.

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Without appropriate parenting orders, both parents retain (shared) parental responsibility (guardianship) unless this is otherwise altered by the making of an order.

  

When the source of the information received is a parent of the child, do notassume that the parent is a vexatious or malicious notifier.

When information is received that a child is suspected of being harmed or at risk of harm by a parent and there are parenting orders in place:

Gather all relevant information from the notifier, including:

o where the child primarily resideso any contact schedule in placeo when the child is due to attend contact with or return to

the parent or household where the worries are occurring or have occurred

o the nature of the relationship between the child and the parent

o whether either parent knows about the worries and what steps they have taken to ensure the safety of the child.

Conduct a child protection history check and where necessary, a pre-notification check.

Assess and decide the response. Refer to Procedure 1 Assess the information and decide the response.

            Note            Any parenting orders made under the Family Law Act 1975 are

taken to be current, unless the parents have entered into a subsequent parenting plan. If the parenting plan breaks down, the parents need to seek legal advice about how this may be remedied.

  

Family law court requesting intervention by Child Safety—section 91B ordersA family law court can ask Child Safety to intervene in family law court proceedings. This request is made in line with the Family Law Act 1975, section 91B.  The family law courts make these orders when they consider:

there is no viable parent or party to the proceedings and

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the court holds significant concerns about the safety, wellbeing and best interests of a child.

In response to section 91B orders, Child Safety may:

seek to intervene in the proceedings or decline to intervene, and instead provide information to the court

about the family that includes any child protection history.

In response to section 91B orders (including Magellan matters), Court Services:

coordinates Child Safety’s response to the requests from court, and attaches them to the relevant event in ICMS

liaises with the relevant CSSC or RIS obtains relevant information from the court to assist Child Safety

in determining its response liaises with the appointed ICL (who may also liaise with the CSSC

or RIS). Refer to Independent children’s lawyers.

Respond to alleged harm during contact ordered by a family law court            Note            The term ‘contact parent’ is used where a parent has an order to

spend time and communicate with their child but the child does not reside with them on a full-time basis.

  

Where a notification relates to harm or risk of harm to a child experienced during a visit with the contact parent occurring under a parenting order:

Consider when the next contact visit is due when determining the appropriate response timeframe for commencing the investigation and assessment.

If possible, complete the investigation and assessment beforethe child’s next contact visit. Refer to Procedure 2 Investigate and assess.

If the investigation and assessment cannot be completed before the next ordered contact visit:

Negotiate with the contact parent to agree in writingnot to have contact with the child while the investigation and assessment is being undertaken.

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Advise the contact parent of Child Safety’s authority to investigate under the Child Protection Act 1999,section 14. 

Child Safety is responsible for speaking with the contact parent to seek their agreement not to have contact with the child until the investigation and assessment has been finalised. If the QPS is investigating the matter, consult with them before making contact with the contact parent.

If the contact parent will notagree to suspend contact while the investigation and assessment is being undertaken and the suspension of contact is considered necessary to ensure the child’s safety:

consult with a senior team leader  and seek advice from the Office of the Child and Family Official

Solicitor (OCFOS) lawyer to determine if an application for a temporary assessment order (TAO) or court assessment order (CAO) is appropriate.

Child Safety cannot tellthe parent with whom the child lives to prevent the child from having contact as ordered by a family law court, without either:

the written consent of the contact parent or a Childrens Court order directing the contact parent not to have

contact.

Otherwise, the parent with whom the child lives would be in breach of a parenting order for which there are penalties under the Family Law Act 1975. These penalties include fines and imprisonment.

A parent with whom the child lives will notbe in breach if the contact parent has consented in writing to not having contact, or if an order has been made under the Child Protection Act 1999.

            Note            A TAO, CAO or child protection order directing a parent not to

have contact, or to only have supervised contact with a child, will override a parenting order in some circumstances. The Family Law Act 1975, section 69ZK, provides that a parenting order made by a family law court does not affect the operation of a state child welfare law in relation to a child. Consult with Court Services where the conditions of a parenting order need to be considered.

  

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsRespond to alleged harm by a parent with whom the child lives under a parenting orderThe investigation and assessment process is the same whether or not a child is subject to a parenting order; however, there are additional considerations if a child is subject to a parenting order or family law court proceedings outlined in the following paragraphs.

If a child’s contact parent is assessed as able and willing to safely care for the child, attempt to negotiate writtenagreement from the parent with whom the child lives for the child to reside with the contact parent until such time that the investigation and assessment is completed or the matter is finalised in the family court.

Respond to a child in need of protection

Intervention where there are current proceedings in a family law court  If it is determined that a child is in need of protection following an investigation and assessment, Child Safety may:

commence intervention with parental agreement including, where required, placing the child subject to a child protection care agreement. Refer to Procedure 4 Support a child at home

commence child protection proceedings in the Childrens Court to protect the child

after consultation with Court Services, intervene and become a party to the family law court proceedings in line with the Family Law Act 1975, section 92A   (or where relevant, accept an invitation to intervene in line with section 91B, where an order has been made).

            Attention            Whenever consideration is given to intervening in proceedings,

and before making a decision to do so, Child Safety staff must consult with Court Services.

  

Court Services will consider key indicators and factors to determine whether to intervene and participate in family law court proceedings. This

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Child Safety Practice ManualProcedures: Engage with other jurisdictionswill be done in collaboration with relevant stakeholders, for example, the CSSC, OCFOS or the Director of Child Protection Litigation (DCPL).

If Child Safety intervenes in the proceedings, it is taken to be a party to the proceedings and therefore accepts all the relevant roles and responsibilities that attach to a party in litigation. Once Child Safety becomes a party to family law court proceedings, it is bound by any orders the court may make.

Child Safety will generally seek leave to withdraw from family law court proceedings when interim parenting orders are made; however, there may be exceptional circumstances where Child Safety remains involved in the litigation process until the making of final parenting orders.

Intervention where parenting orders existIrrespective of the presence of family court orders, Child Safety will intervene to ensure a child’s safety, belonging and wellbeing when it is determined that a child is in need of protection.

This includes circumstances where it is determined that:

a child is in need of protection from the parent that has ‘lives with’ parenting orders granted in their favour and

the other parent is assessed as able and willing to safely care for the child and

the child’s protective needs would be met by a change to the parenting orders.

In these circumstances it may be appropriate to:

Inform the parent of their ability to seek legal advice regarding the options available to them in the family law courts.

Provide:

o written information about the outcome of the investigation and assessment, if requested by the parent (Child Protection Act 1999, section 15(2)). Refer to Procedure 2 Inform the parents of the outcome or

o a statement of position letter, where appropriate. Refer to Respond to a parent’s request for a statement of position letter.

            Tip            Court Services is available for consultation should a CSSC require

assistance in relation to the provision of written information to parents.

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Where the child’s protective needs may be met by a change to the family court orders and a parent advises that they intend to file a parenting application in the family law courts, Child Safety will be a party to the proceedings if the child is subject to a child protection order. A decision regarding the most appropriate departmental response to the parenting application will be made in consultation with Court Services.

If the contact parent will notconsent to revoking their contact rights under the family court orders, advise the protective parent to seek legal advice regarding lodging an application to vary the order.

Intervention when a child requires ongoing protectionIf the child requires ongoing protection while the protective parent applies for parenting orders or a variation of family court orders, to place the child in the custody of the protective parent:

Consult with a senior team leader and seek advice from the OCFOS lawyer to progress a referral to DCPL for a child protection order.

Liaise with DCPL to seek an interim order granting custody of the child to the chief executive, restricting contact with the other parent.

Request an adjournment of the child protection proceedings until the matter is determined on an interim (or final) basis in the family court.

            Attention            Always seek advice from Court Services about the effect of any

parenting orders. The way in which family court orders are framed could result in parents having shared parental responsibility, which may impact on Child Safety’s response to these matters and the types of child protection orders that may be deemed appropriate.

  

Advice mustbe sought from Court Services about:

the best way to proceed in each individual case and the appropriate level of Child Safety involvement in the family

law court proceedings, for example, instructing Legal Services, attending court as a ‘friend of the court’, providing information to the ICL appointed for the child, or writing to the court.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsBecoming a party to family law court proceedings has financial costs and other implications, including the cost of engaging private counsel. No actionwill be taken in a family court without prior consultation with Court Services.

If the protective parent:

is unable to obtain legal aid cannot afford to self-fund the application in a family court or is unwilling or unable to self-litigate.

Child Safety can onlyseek a child protection order by presenting evidence that the protective parent cannot meet the child’s needs because of the existence of a family court order that the parent cannot vary.

The use of a directive order about contact in the Children’s Court may be the only way to ensure the safety of a child where the child is at risk of harm on contact visits. It should notbe used as a long-term option.

In some cases, a decision to make an application under the Child Protection Act 1999 for a child protection order granting custody to the chief executive and subsequently placing the child with the protective parent may be appropriate to meet the child’s needs. However, this should be avoided if there is another alternative.

In circumstances where the protective parent cannot afford to fund the application, it is preferable for Child Safety to provide practical assistance to the parent such as supporting them with a referral to Legal Aid Queensland, to make the application.

            Note            If an application is filed in the Family Court of Australia, the

Family Law Rules 2004, rule 6.02(2), requires that the applicant must serve Child Safety with the application.

If an application is filed in the Federal Circuit Court of Australia, the Federal Circuit Court Rules 2001, rule 11.01 provides that the applicant may serve Child Safety with the application.

  

Once served with the application, Child Safety is party to the application and can present evidence to the court in relation to child protection matters. This may include a summary of Child Safety involvement with the family, any assessment of risk, and information about the child's case plan. If appropriate, in order to meet a child’s needs, Child Safety can make a family court application seeking orders in favour of the protective parent.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsWhere there are concurrent child protection proceedings and family law proceedings before the courts, Court Services will liaise with the relevant Child Safety staff, OCFOS and DCPL officers to ensure a coordinated response.

Court Services will liaise with the relevant CSSC and OCFOS to consider extending a child protection order if the order the child is subject to is likely to expire before a family law court order can be determined.

Decide which court should hear proceedingsIt is generally notin the interests of a child or their family for proceedings to be taking place in both a family court and the Childrens Court.

Child Safety, as the agency with statutory responsibility for child protection, decides the jurisdiction in which the protective concerns should be determined.

            Attention            The CSSC will consult with Court Services about the most

appropriate forum for determination of matters in each case.  

To assist Court Services in deciding which court the matter should proceed in, provide information on:

whether Child Safety is currently involved with the family and has worries about the safety and wellbeing of a child or young person

the nature and extent of Child Safety involvement with the family where the family law or child protection litigation processes are

up to whether the concerns can be adequately addressed by a change

in the child’s living arrangements, without the need for ongoing departmental involvement

whether there is a willing and able parent with a preparedness to participate in the family law court proceedings

which court is likely to respond in the most timely and efficient manner and will address the child’s need for protection.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsRespond to a parent’s request for a statement of position letterAt times, a CSSC may be asked by a parent to provide a statement of position letter to support a parenting application. The provision of this letter may assist the parent in their application for legal aid funding, or be relied upon to help inform existing family law court proceedings.

A statement of position letter is notintended to favour one particular parent over another. The letter includes:

the nature of Child Safety’s involvement with the family any current and future risk assessment regarding each parent the obligation to list Child Safety as a necessary party to the

proceedings any views regarding the proposed parenting orders sought by the

parties.

When a parent requests, or consideration is being given to providing, a statement of position letter:

Consult with Court Services to determine the appropriateness of issuing the letter.

Where there are current child protection proceedings before the court, also consult with relevant OCFOS and DCPL officers.

Ensure that both parents are informed of the decision about providing a statement of position letter and record this decision in the relevant ICMS event.

If a statement of position letter is completed, forward a copy of the letter to both parents wherever possible, and Court Services. If there are also child protection proceedings, forward a copy to OCFOS and to the DCPL.

It is best practice for the decision to provide a statement of position letter or other sworn evidence in support of proposed a family court application to be made collaboratively by the senior team leader, senior practitioner and CSSC manager in consultation with Court Services. However, the CSSC manager has the delegation to issue and sign a statement of position letter and therefore makes the final decision.

Issuing such correspondence prematurely (or in the absence of thorough assessment of both parents’ suitability) may not promote a child’s interests and may result in adverse legal and court costs.

            Note 

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Child Safety Practice ManualProcedures: Engage with other jurisdictions           When Child Safety elects to intervene in the parenting

proceedings by writing a statement of position letter, it may also be necessary to file sworn evidence in support of its position (for example, an affidavit). This will be subject to Child Safety’s views in respect of the application.

  

Child Safety’s decision about whether to provide a statement of position letter in a family law court should be based on:

a sound decision-making framework which considers child protection legislation, family law legislation, child safety’s framework for practice, delegations, protocol between the department and the family law courts, relevant policies and procedures

evidence a thorough assessment of bothparents’ ability to meet the child’s

safety needs and consideration of:

o who has parental responsibilityo who the child lives with ando who the child spends time with or communicates with.

At times, the assessment may need to consider the suitability of a third party, such as a grandparent.  

            Note            Child Safety cannot be compelled to issue a statement of position

letter. It is the decision of the delegated decision maker.   

Related forms, templates and resources

Statement of position letter Template  18 September 2019

This is a secure resource. Only authenticated users may access this content.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsProtocol between the Family Court of Australia and the Federal Magistrates Court of Australia and the Department of Child Safety Queensland Resource  2 June 2020

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Version historyPublished on: 5 June 2020   Last reviewed: 5 June 2020

Page history5 June 2020Maintenance

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24 February 2020Page updated

28 November 2019Page updated

12 November 2019Page created

6 November 2019Page created

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Manage international child protection matters 

Child Safety receives an increasing number of child protection matters requiring liaison with overseas authorities and related agencies such as the Department of Home Affairs and the Department of Foreign Affairs and Trade.

Queensland's responsibilities under the Hague Convention on the Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of parental responsibility and Measures for the Protection of Children (also known as the Hague Child Protection Convention) are outlined in the QueenslandChild Protection (International Measures) Act 2003.

The responsibility for administering the Child Protection Convention in Queensland lies with Child Safety. Court Services is responsible for the coordination of duties on behalf of the Director-General as the State Central Authority, and for the management of international child protection matters.

Not all countries are signatories to this convention; however, the principles of the Child Protection Convention are considered desirable in how Child Safety approaches all child protection matters where there is an international component.

Court Services must be contacted as soon as it becomes apparent that a case may require enquiries with other services due to some international aspect of the case. Types of matters which must be referred to Court Services include:

liaising with Home Affairs to clarify the visa or residency status of a child

applying for an appropriate visa and/or citizenship for a child in care

locating a family member overseas assessing a family member overseas making a child protection notification to an overseas welfare

authority requesting case work from an overseas welfare authority referring a matter in accordance with the Hague Child Protection

Convention to an overseas signatory country.

            Note

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Child Safety Practice ManualProcedures: Engage with other jurisdictions            If a child’s family member is living or has previously lived

overseas and child protection checks from overseas are required to locate or assess that family member, this is requested through Data Management Services (DMS) by the CSO. However, it is not always possible to obtain child protection history checks from overseas due to the domestic laws of other countries.

  

Court Services is responsible for forwarding child protection check from overseas welfare authorities to the relevant CSSC and will assist and support the CSSC in responding appropriately. Where such referrals are made under the Hague Child Protection Convention, Court Services will assist the CSSC to manage the matter accordingly under the Child Protection (International Measures) Act 2003.

            Attention            If child protection checks in New Zealand are required, they are

managed under the Interstate Child Protection Protocol(April 2016) and the Interstate Child Protection Protocol Operating Procedures (July 2016). This protocol provides guidelines for information sharing between Queensland and New Zealand.

For information on responding to requests from or generating requests to New Zealand, refer to Engage with other states, territories and New Zealand.

              Note            The Hague Child Abduction Convention is an international treaty

under which arrangements are made for the return of children who have been wrongfully removed from or retained outside their country of habitual residence. Court services manages all matters in relation to the Hague Child Abduction Convention and liaises with the relevant CSSC, Placement Services Unit or CSAHSC as required.

  

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsRelated forms, templates and resources

Interstate child protection protocol Resource  22 September 2019

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Interstate child protection protocol operating procedures Resource  22 September 2019

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Version historyPublished on: 7 April 2020   Last reviewed: 7 April 2020

Page history7 April 2020Maintenance

1 April 2020Maintenance

24 February 2020Maintenance.

28 November 2019Page updated

12 November 2019Page created

6 November 2019Page created

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Victim Assist Queensland  

Victim Assist Queensland provides information and advice for victims of crime, including reporting an incident, assisting with access to available support services and leading and coordinating the victims’ services sector within Queensland.

The Queensland Government provides financial assistance through Victim Assist Queensland to victims of acts of violence. This assistance is to pay for or reimburse the costs of goods and services victims may need to recover from physical or psychological injuries as a result of a violent crime committed in Queensland.

The children and families who Child Safety works with may be victims of an act of violence. Depending on the specific circumstances, they may be eligible for support and financial assistance from Victim Assist Queensland to help them recover from the acts of violence experienced.

Child Safety staff have obligations under the Victims of Crime Assistance Act 2009when working with children, families and carers who may have been injured as a result of an act of violence including:

upholding the Charter of Victims’ Rights (the Charter) when working with victims of crime

proactively providing victims of crime (child, parent, guardian, carer or other relevant person) with sufficient information to allow them to contact Victim Assist Queensland

providing information about services and financial assistance they may be eligible to receive from the Queensland Government through Victim Assist Queensland

facilitating an application on behalf of a child identified as a victim of crime who is subject to an interim or final child protection order granting guardianship to the chief executive

informing victims of their right to make a complaint if they feel that a Queensland Government or non-government agency has behaved in a way contrary to the Charter.

Under the Victims of Crime Assistance Act 2009, eligible victims can seek a range of support and assistance depending on the victim’s individual circumstances, through Victim Assist Queensland, including:

Financial assistance to cover or reimburse the cost of:

counselling medical and dental expenses reasonable incidental travel expenses

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safety and security expenses loss of earnings and funeral expenses.

Non-financial assistance, including referral to support services for:

victims of domestic and family violence victims of sexual assault victims who are under 18 years of age Aboriginal and Torres Strait Islander victims of crime relatives of homicide victims court support and legal support for victims of crime.

            Note            A primary victim may be eligible for a special financial assistance

payment between $1,000 and $10,000 in acknowledgement of the act of violence committed against them. If the victim is under the age of 18, Victim Assist will arrange for the special assistance payment to be held in trust by the Public Trustee of Queensland until the victim is 18 years of age.

  

Victim Assist Queensland is a complementary scheme and will only pay for goods and services that have not already been covered by another scheme, such as:

WorkCover Medicare Centrelink private insurance child related costs in the case of a child subject to a child

protection order granting custody or guardianship to the chief executive.

The family member of a primary victim who has died as a result of an act of violence may be eligible for a dependency payment of up to $20,000 and a recognition payment of up to $10,000.

            Further reading            For further information about supports available and categories

of victims and their eligibility for different types of assistance, refer to Victim Assist Queensland.

  

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsVersion historyPublished on: 29 April 2020   Last reviewed: 29 April 2020

Page history29 April 2020Maintenance

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28 November 2019Page update

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Queensland Civil and Administrative Tribunal 

Queensland Civil and Administrative TribunalThe Queensland Civil and Administrative Tribunal (QCAT) is an independent body with authority to look into government decisions. This includes decisions made under the Child Protection Act 1999 about children and young people in the care of Child Safety.

QCAT is authorised to undertake merit reviews of specific reviewable decisions, as outlined in Child Protection Act 1999, Schedule 2 and Public Guardian Act 2014, section 128 .

Court Services coordinates QCAT matters involving Child Safety and provides support and advice when a matter is before QCAT. Court Services maintains a leadership role in relation to QCAT matters to ensure:

submissions are made in response to review applications where jurisdictional issues are identified. An example of a jurisdictional issue is when no reviewable decision has been made (which means it is outside of the authority of QCAT)

all relevant issues are identified and addressed throughout the proceedings to assist QCAT, the applicant and the person who made the decision (the decision maker)

the decision maker knows what needs to be done, by whom and when and

Child Safety’s position on practice and policy issues is consistent.

            Note            OCFOS officers do not have a role in QCAT matters; however,

they should be advised of any review application received if the child is subject to proceedings in the Childrens Court.

  

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsReviewable decisions and review applicationsA list of reviewable decisions can be found in the Child Protection Act 1999, schedule 2. (Refer to the practice guide Reviewable decisions.) The authority to make reviewable decisions is delegated to officers in specified positions.

In addition to the decisions set out in the Child Protection Act 1999, schedule 2 of the Public Guardian Act 2014, section 128 states that the following decisions are also reviewable:

a decision, under the Child Protection Act 1999, section 87(2), by the chief executive (Child Safety) not to take action under that subsection

a decision by the chief executive (Child Safety) to take, or not to take, a step under the Child Protection Act 1999, section 122 for the purpose of ensuring a child placed in care under the Child Protection Act 1999, section 82 is cared for in a way that meets the statement of standards under the Child Protection Act 1999, section 122.

QCAT has jurisdiction to consider any reviewable decision a delegated officer has made under the Child Protection Act 1999. The application for a review of the decision must be submitted within 28 days of the person receiving the reviewable decision letter.

            Note            A person can make an application to extend the timeframe

beyond the usual 28-day period for filing a review.  

Those who may apply for a review of a decision include:

an aggrieved person (detailed for each decision in the Child Protection Act 1999, Schedule 2. 

the Public Guardian in specified circumstances, the child’s carer a person granted permission by the president of QCAT (in line

with the Child Protection Act 1999, section 99P) to make the application on behalf of the subject child.

Child Safety provides a person with written notice (a reviewable decision letter) when a decision has been made of which the person can seek

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsreview. The written notice must include details of their review rights, including how they can seek review.

If a person chooses to seek review of the decision, they must submit an Application to review a decision—childrens matters, known as a Form 17.

Under the Public Guardian Act 2014, section 133, the Public Guardian is able to apply to QCAT for a review of a decision.

Prior to the Public Guardian requesting a review by QCAT, the Public Guardian must give Child Safety written notice that states:

why they are dissatisfied with Child Safety’s decision that the matter has not been resolved to their satisfaction and that they intend to apply to QCAT for a review of the decision.

            Practice prompt            Provide a person with a reviewable decision letter as soon as

possible after verbally advising them of the decision that has been made.

  

Once an application for a decision to be reviewed is received by QCAT:

QCAT will give notice of the review application to Court Services, who will then advise the decision maker that a review application has been received

Court Services, in consultation with the decision maker, will provide QCAT with notice of all other people entitled to seek review of the decision within 7 days of receipt of the application (the Child Protection Act 1999, section 99E(2))  

a Statement of Reasons (SOR) must be filed in QCAT and provided to the applicant (the aggrieved person) within 28 days, unless directed otherwise (Queensland Civil and Administrative Tribunal Act 2009, section 21(2)(a)) 

QCAT will provide notice of a date for a directions hearing, or compulsory conference or stay hearing (if a temporary stop to the decision subject to the review is sought) to be heard.

Respond when an application for review is submittedIf Court Services is advised that a review application has been made, it will send notice to the relevant CSSC. In line with the Queensland Civil and Administrative Tribunal Act 2009 and Child Protection Act 1999, Court Services will consider:

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whether the application was made within the 28-day review period

the jurisdiction of QCAT to review the matter whether factual information is required from the CSSC to

determine the matter whether the applicant is entitled to seek review of the decision.

Sometimes, it might be necessary for Court Services to file a submission, for example, where jurisdictional issues are identified. In these circumstances, the CSSC may be asked to collate factual information to support the submissions prepared by Court Services.

Where submissions are to be filed, Court Services will:

prepare written submissions and the relevant QCAT form to submit to QCAT

provide the submission to the delegated decision maker for feedback and approval

send the submissions and form to QCAT for determination once they have been approved by the decision maker.

            Further reading            Practice guide Queensland Civil and Administrative Tribunal -

When a review application is filed.  

Reviewable decision in relation to family contact where there are Childrens Court proceedingsIf the review application seeks review of a decision made under the Child Protection Act 1999, section 87(2) in relation to family contact, Court Services will check ICMS to determine if the child is subject to current Childrens Court proceedings.

If there is a current application in the Childrens Court and the review application has been filed by a party to those proceedings, Court Services will:

provide written advice to QCAT that the application must be suspended under the Child Protection Act 1999, section 99MA  

provide email advice to the relevant CSSC, OCFOS and DCPL officers that:

o a review application has been filed by a parent or other family member participating in the Childrens Court proceedings, and they are seeking review of the decision

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o QCAT has been advised that the review must be suspended.

Once Court Services receives confirmation from QCAT that the review will be suspended, they will:

forward the advice confirming the review will be suspended to the CSSC, OCFOS and DCPL officers

track the proceedings in the Childrens Court and maintain regular contact with the CSSC, OCFOS and, where appropriate, DCPL, to identify if the issue of contact is being raised in the Childrens Court

keep QCAT up to date about any decision made in the Childrens Court that impacts on the suspension of the review application.

The CSSC will ensure the review applicant is aware that they can raise the issue of contact in the Childrens Court to seek either:

an interim contact order (which will result in the review application being dismissed) or

an order made under the Child Protection Act 1999, section 99MA(4), which has the effect of cancelling the suspension of the review and allowing QCAT to proceed with the review application.

Child Safety may also ask the DCPL to consider raising the issue of contact in the Children’s Court for further consideration if the applicant is not present, or is struggling to understand the process.

Once a decision suspending the review is received from Court Services, the CSSC will provide this to the parties to the proceedings, including the separate representative if one has been appointed.

Respond when a directions hearing is requestedThe aim of a directions hearing is to work out how a case will proceed, including determining whether the case will proceed at all. A directions hearing is requested by a senior member of QCAT. It deals with any preliminary or interim issues raised by the parties and decides the procedures and timeframes for preparing evidence ready for hearing.

If a matter is scheduled for a directions hearing, Court Services will send the relevant CSSC a notice of directions hearing.

The CSSC may be asked by Court Services to provide documents (for example, a reviewable decision letter) or contextual information (for example, the last contact the CSSC had with a parent) in advance of the

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsdirections hearing, to assist Court Services in the preparation of relevant submissions.

            Attention            The delegated officer who made the decision is required to

participate in the directions hearing. However, the decision maker does not have to attend in person and may participate via telephone.

  

During a directions hearing, Court Services will:

make submissions on behalf of Child Safety respond to questions raised by QCAT in relation to policy and

legislative matters and make submissions supporting directions sought by Child Safety.

Information noticesAn information notice is a formal notice from QCAT advising Child Safety that a review application has been accepted by the QCAT registry.

QCAT sends information notices to Court Services.  If an information notice is sent directly to CSSC staff, contact Court Services as soon as possible.

When an information notice is received, Court Services prepares an email to CSSC staff that includes a template statement of reasons and other related information.

Upon receipt of the information from Court Services, the delegated officer who made the decision will:

facilitate a case discussion to allocate the preparation tasks identified by Court Services

provide advice to the Office of the Public Guardian (OPG)—via the OPG Regional Manager—of the review application, as per the Public Guardian Act 2014,  section 89. Refer to OPG—Regional visiting manager contact details.)

arrange, subject to the child’s capacity to understand, for a Child Safety Officer to meet with the child or young person to:

o discuss the review application ando determine if the child or young person wishes to be

involved in the matter and if so, the level of involvement. This is a Child Safety obligation regardless of whether or

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not a child advocate legal officer from the OPG has made contact with the child.

            Attention            It is an ongoing requirement during proceedings in QCAT to

advise Court Services of any issues regarding confidentiality. For example, where a parent is joined as a party to a review application filed by a carer, Child Safety may believe that the carer’s address should not be disclosed to the parent as the joined party. The CSSC will advise Court Services so that an application for a confidentiality order can be made to QCAT.

  

Statement of reasonsA statement of reasons (SOR) is a statement written by the delegated decision maker, outlining the grounds on which the decision was made. The SOR also includes any documentation in the decision-maker’s possession or control that may be relevant to QCAT’s review of the decision.

Court Services will provide guidance to the decision maker about the SOR as well as information regarding timeframes for completing tasks.

The decision maker will prepare the SOR and ensure a draft SOR is provided in a timely manner to allow Court Services to review it and provide feedback.

Stay hearings and compulsory conferences

Stay hearingsWhen an application is made for a review of a decision, an application can also be made for a stay, which is a temporary stop to the decision subject to the review.

The application for a stay will be considered by QCAT at a stay hearing. If successful, a stay temporarily stops the decision from taking effect until a final hearing can be held. Before granting a stay, QCAT must consider:

any person whose interests may be affected by making or not making a stay order

any submissions made to QCAT by the decision-maker public interest.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsQCAT does not have to give a person whose interests are affected an opportunity to make submissions if it is not practicable to do so because of the urgency of the case or for another reason.

Compulsory conferencesA compulsory conference is a dispute resolution process. QCAT will usually order a compulsory conference prior to a hearing proceeding. The aims of a compulsory conference are to:

identify and clarify the issues on which the aggrieved person and Child Safety do not agree 

find a solution to the dispute without proceeding to a hearing identify the questions to be decided by QCAT make orders and give directions to resolve the dispute make orders and give directions about how the case will proceed

so it can be resolved, if the proceeding is not settled during the conference.

Prepare for a stay hearing or compulsory conferenceDuring a stay hearing or compulsory conference, the role of Court Services is to:

assist the decision maker and other Child Safety staff to prepare for and participate in QCAT proceedings and

address jurisdictional issues that may arise.

The decision maker is responsible for explaining the reviewable decision and reasons for the decision, and for providing any content information required by QCAT.

When preparing for a stay hearing or compulsory conference, Court Services will facilitate a preparation telelink with the decision maker and any other relevant CSSC staff. During this telelink, Court Services will:

ensure all relevant staff understand the process of a stay hearing or compulsory conference

discuss with the CSSC the preliminary witness list of people who may be required to provide evidence should the matter proceed to a final hearing.

            Note            Court Services is usually able to provide information to the CSSC

about the members of the QCAT panel and their field of expertise. However, on occasion, QCAT Registry staff may not confirm the names of the panel members in advance of the appearance.

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During a stay hearing or compulsory conferenceThe Court Services advisor and the decision maker are required to attend a stay hearing or compulsory conference.

Court Services will:

make submissions on behalf of Child Safety and respond to questions raised by QCAT in relation to policy and legislative matters

make submissions in relation to specific orders sought by Child Safety

assist the CSSC in the delivery of their oral submissions.

The delegated decision maker will:

attend the stay hearing and/or compulsory conference discuss the rationale for decision making respond to any questions from QCAT and others (for example,

the applicant, joined party, child advocate, direct representative or separate representative).

After a stay hearing or compulsory conferenceFollowing a stay hearing or compulsory conference, Court Services will send an email summarising the outcome to the CSSC detailing:

the practical and legal implications of any interim orders or directions made

filing deadlines and any other required actions the formal orders or directions of QCAT.

The decision maker will ensure all identified actions are allocated, to be completed within filing deadlines.

Full hearingA full hearing for a reviewable decision occurs when a compulsory conference and other methods to resolve the dispute about the decision are unsuccessful. 

Prepare for a full hearingIn preparation for a hearing, Court Services will convene a preparation telelink with all relevant CSSC staff to discuss important tasks including:

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content required in affidavits for the hearing urgent tasks to be undertaken to gather additional evidence critical dates the CSSC needs to be aware of making application to QCAT for notices to attend for any

witnesses not from Child Safety, being mindful of any existing protocols between external agencies and Child Safety, where relevant.

Following the telelink, Court Services will undertake tasks to prepare for the hearing including:

sending an email to CSSC staff with the minutes of the telelink, including a template affidavit for witnesses to complete

liaison with proposed witnesses (Child Safety and external) in relation to the provision of affidavits

filing material relied upon by Child Safety with the QCAT Registry.

CSSC staff will:

with the support of Court Services, liaise with witnesses who are not from Child Safety and other professional witnesses about preparing affidavits and attending QCAT as a witness on behalf of Child Safety

notify Court Services if external witnesses are seeking witness expenses

with the support of Court Services, provide the material relied upon by Child Safety to the applicants, any joined parties and, if appropriate, the OPG.

After the CSSC has prepared its evidence and sent it to Court Services, Court Services will:

file Child Safety’s evidence in QCAT meet with the decision maker and assist them to prepare

questions for Child Safety witnesses and opening submissions review material filed on behalf of the applicant in order to

identify questions for cross examination of the applicant and their witnesses

liaise with Child Safety’s witnesses to identify availability and prepare a witness schedule.

The CSSC will:

act on the advice from Court Services about submissions or witness questions and inquiries

meet with Court Services to prepare questions for Child Safety witnesses and opening submissions

review material filed on behalf of the applicant and identify any issues arising

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provide pre-hearing support to proposed Child Safety witnesses, in conjunction with Court Services.

During a full hearingWhen a full hearing occurs, the decision maker and their witnesses attend in person. The decision maker runs the hearing for Child Safety, with assistance from the Court Services adviser, who manages the list of witnesses, ensures phone numbers for witnesses are available, take notes of the evidence given, and assists the decision maker with questions to put to witnesses as evidence is given.

The QCAT panel may request that the parties, including the decision maker, each make a short opening submission. Each party then presents their evidence, and witnesses are asked questions by the applicant, any other party and the panel. The separate representative also presents their evidence and is able to be asked questions by any other party and the panel.

            Note            The separate representative usually files a social assessment

report completed by a social assessor. The social assessor is the separate representative’s witness.

  

Once all the evidence has been given, the panel will request that the parties make oral closing submissions, or file written closing submissions within a specified timeframe.

During a full hearing, Court Services will:

coordinate witnesses with the assistance of the CSO assist the decision maker to put questions to witnesses identify (as evidence progresses) any necessity for additional

submissions and make those submissions on behalf of Child Safety

respond to questions raised by QCAT in relation to policy and legislative matters

assist the decision maker to present oral closing submissions or written closing submissions.

The decision maker will:

attend the full hearing ask questions of Child Safety’s witnesses and put questions to

the witnesses of the applicant and any other party

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assist with coordinating witnesses present an oral closing submission, or write closing submissions,

with the assistance of Court Services.

            Note            The decision maker presents Child Safety’s case. For this reason,

they are unable to give oral evidence or be cross examined about their decision during a hearing (QCAT Practice Direction number 3 of 2013).

  

The delivery of the decision by QCATQCAT will deliver their decision, either orally or in writing:

on the same day that the hearing concludes (if oral closing submissions are made by the parties) or

at a later date, which will be specified, or a ‘date to be fixed’.

Where the decision and reasons are delivered orally at the end of the hearing, Court Services will make a detailed record of the decision and reasons and provide this record by email to the CSSC. Court Services will identify whether the decision maker should request written reasons for the decision.

If the decision is reserved for a later date, Court Services will:

attend the tribunal or link in to the appearance by phone for the delivery of the decision and reasons (if the decision is delivered orally) and provide a record by email to the CSSC as soon as possible

ensure a copy of the decision and reasons are transmitted to the decision maker as soon as possible if the decision and reasons are delivered in writing.

The decision maker will also attend the tribunal, or link in to the appearance by phone, for the delivery of the decision and reasons.

            Note            QCAT’s role is finalised once a decision has been handed down.

QCAT does not follow up on a case, manage a case or oversee how its decision is implemented in the case.

  

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsOnce QCAT has delivered its decision, Court Services will identify and explain to the decision maker the implications of QCAT’s decision.

The CSSC will:

ensure that QCAT’s decision is made known to all relevant people and that Child Safety representatives give effect to the decision

action any necessary tasks required to give effect to QCAT’s decision.

            Note            If it appears there has been an error of law or fact, Child Safety

can appeal QCAT’s decision. Liaise with Court Services in relation to the appeal of a QCAT decision.

  

Guardianship and administrationIf a young person with impaired decision-making capacity is likely to need their interests protected after they turn 18, consider whether to apply to have QCAT appoint the Public Trustee as a guardian (for non-financial matters) or an administrator (for financial matters).

Refer to Procedure 5 Support a young person with impaired decision-making capacity.

Related forms, templates and resources

OPG - Regional visiting manager contact details Resource  14 May 2020

This is a secure resource. Only authenticated users may access this content.

Reviewable decisions Resource  18 September 2019

This is a secure resource. Only authenticated users may access this content.

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Queensland civil and administrative tribunal - when a review application is filed Resource  18 September 2019

This is a secure resource. Only authenticated users may access this content.

Version historyPublished on: 3 June 2020   Last reviewed: 3 June 2020

Page history3 June 2020Maintenance

15 April 2020Maintenance

7 April 2020Maintenance

1 April 2020Maintenance

28 November 2019Page update

12 November 2019Page created

6 November 2019Page created

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Memoranda of understanding 

Memoranda of understandingMemoranda of understanding (MOU) and protocol documents establish contractual terms, agreements and relationships between Child Safety and other government or non-government agencies.

            Note            The agreements established in an MOU may contain confidential

business information and processes that are not disclosed to third parties. The Director of Legal Services must give approval for release of information to a third party. MOUs are not to be distributed outside of Child Safety or to parties not mentioned in the agreement without permission from Legal Services.

  

Queensland Health Child and Youth Mental Health ServicesThis MOU is an agreement between Child and Youth Mental Health Service (CYMHS) and Child Safety:   

to promote tangible improvements in their partnership to enhance services for children and young people with mental health issues who are at risk of harm or in need of protection.

Specific areas of agreement covered by this MOU are:

communication and information sharing responding to children and young people with mental health

conditions case planning for children and young people with mental health

conditions who are subject to ongoing Child Safety intervention and

admission to CYMHS hospital inpatient units.

Interim Memorandum of Understanding between State of Queensland (through the Department of Communities Child Safety, Youth and

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsFamilies) and State of Queensland (through Queensland Health Child and Youth Mental Health Services)  

Department of HousingThis MOU is an agreement between the Department of Housing and Child Safety that sets out an agreed framework for cooperation and collaboration:

to help ensure no child who is in contact with the child protection system is harmed or placed at risk of harm because of a housing-related issue.

It is intended to be an agreement where the Department of Housing and Child Safety work together to deliver services to vulnerable children and their caregivers.

Memorandum of Understanding (MOU) between The State of Queensland through the Department of Child Safety and The State of Queensland through the Department of Housing 2007

It includes:

Schedule 1: Reporting child protection concerns The purpose of this schedule is to detail the expectations and roles of both parties with regard to staff of the Department of Housing reporting child protection concerns to Child Safety.

Schedule 2: Providing housing assistance to children in need of protection The purpose of this schedule is to provide a framework for both parties to execute and comply with the intent of the Child Protection Act 1999, section 159H in a reasonable, consistent and transparent way.

Schedule 3: Information sharing between departments of Housing and Child Safety The purpose of this schedule is to guide decision making when sharing information between the Department of Housing and Child Safety.

The Royal Society for the Prevention of Cruelty to Animals QueenslandThis MOU is an agreement between the Royal Society for the Prevention of Cruelty to Animals (RSPCA) and Child Safety:    

to promote effective communication and collaborative service provisin to achieve quality services for children and young people who have been harmed or are at risk of harm and to advance the welfare of all animals by preventing cruelty, alleviating suffering and promoting welfare through education and advocacy.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsMemorandum of Understanding (MOU) between The State of Queensland, through Child Safety, Youth and Families Department of Communities and The Royal Society for the Prevention of Cruelty to Animals Queensland

Department of Justice and Attorney-GeneralThis MOU is an agreement between the Department of Justice and Attorney-General (Youth Justice) and Child Safety to promote improvements in partnership to enhance services for young people.

Specific areas of agreement covered by this MOU are:

standards for exchanging sensitive client information improving clarity about client confidentiality and clarifying privacy arrangements

Memorandum of Understanding (MOU) between Department of Justice and Attorney-General and Department of Communities, Child Safety and Disability Services

The Information Sharing between Child Safety and Youth Justice Communique   provides a summary of the MOU for Child Safety staff.

Department of Education—education outcomesThis MOU is an agreement between the Department of Education and Child Safety which represents the shared responsibility:

to ensure children in care achieve the best possible educational outcomes, and have the skills and support necessary for their learning and development to enable them to participate in education and employment to their full potential.

Memorandum of Understanding (MOU) between Department of Child Safety (Child Safety) Youth and Women and   and Department of Education : Education Outcomes (including Education Support Funding Program) 1 July 2019 to 30 June 2022

Department of Education—principal advisors student protectionThis MOU is an agreement between the Department of Education and Child Safety leveraging the opportunities to improve the oversight of student protection reporting obligations through the employment of a network of Principal Advisors—Student Protection.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsMemorandum of Understanding (MOU) between Department of Communities, Child Safety and Disability Services (Child Safety) and Department of Education and Training: Contribution of funds towards eight Principal Advisor—Student Protection Officers 2015 - 16 to 2016-17  

Deed of Variation—Memorandum of Understanding (MOU) between Department of Communities, Child Safety and Disability Services (Child Safety) and Department of Education and Training:   Contribution of funds towards eight Principle Advisor—Student Protection Officers to 30 June 2018

Office of the Public Guardian—information exchangeThis MOU is an agreement between the Office of the Public Guardian (OPG) and Child Safety that clarifies the authority to share certain information and provides clear mechanisms for information exchange, both locally and centrally, between the parties.

MOU Data Exchange and Information Sharing August 2017

Office of the Public Guardian—complaints managementThis MOU is an agreement between the Office of the Public Guardian and Child Safety that provides for an agreed understanding and process for the management of complaints raised by the OPG.

The MOU details the type of matters that will be referred by the OPG as complaints, how complaints that are formally referred will be actioned, and how they will be monitored and recorded within the respective systems used by the OPG and Child Safety.

MOU Concerning Management of Complaints June 2017

Department of Communities—access to confidential information through shared information systemsThis MOU is an agreement between the Department of Communities and Child Safety to document the agreement under the Juvenile Justice Act 1992, section 297A  and the Child Protection Act 1999, section 189A to make information stored in the shared information systems available to officers of their respective departments for the purpose of performing their duties.

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsMemorandum of Understanding (MOU) between the Department of Child Safety and the Department of Communities - relating to access to confidential information through shared information systems

Department of Communities—improving the interface between the Department of Communities-funded Supported Accommodation Assistance Program youth services and Child SafetyThis MOU between the Department of Communities and Child Safety promotes understanding about the role of Supported Accommodation Assistance Program youth services in providing services to children and young people who are under the age of 18 years and who are subject to a child protection order under the Child Protection Act 1999.

Memorandum of Understanding (MOU) between the Department of Child Safety and the Department of Communities - improving the interface between Department of Child Safety funded Supported Accommodation Assistance Program (SAAP) youth services and Department of Child Safety.

The National Disability AgreementThe National Disability Agreement (NDA) provides the national framework and main areas of reform for the provision of government support services for people with disabilities.

The NDA reflects a strong commitment to increasing opportunities for people with a disability to participate in and enjoy economic and social life and enjoy choice, wellbeing and the opportunity to live as independently as possible. The NDA also includes commitments to supporting families and carers.

National Disability Agreement

 

Version historyPublished on: 12 May 2020   Last reviewed: 12 May 2020

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Child Safety Practice ManualProcedures: Engage with other jurisdictionsPage history12 May 2020Maintenance

5 May 2020Maintenance

28 November 2019Page created

28 November 2019Page update

6 November 2019Page created

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