Child Protection Reform Amendment Bill 2016

Introduced: 16/2/2016By: Hon S Fentiman MPStatus: PASSED

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Plain English Summary

Overview

This bill reforms Queensland's child protection court system by implementing ten recommendations from the 2013 Carmody Inquiry. It strengthens the voice of children and families in Childrens Court proceedings, clarifies which agency applies for which kind of order, and introduces a new duty of disclosure.

Who it affects

Children in the child protection system, their parents, grandparents, foster carers and other significant people in their lives, along with the new litigation director, child safety staff and QCAT.

Key changes

Parents can ask the department to review a long-term guardianship case plan (once every 12 months)
Attending a family group meeting or agreeing to a case plan cannot be used as an admission against a parent in court
Children get clearer legal representation: a direct lawyer acting on their instructions and/or a separate representative acting in their best interests
Grandparents, foster carers and other significant people can apply to take part in proceedings and be legally represented
The litigation director must disclose all relevant documents to other parties, with a new offence (up to 2 years imprisonment) for misusing disclosed material
QCAT must pause contact-decision reviews when a related Childrens Court proceeding is on foot, reducing duplication and delay

How this affects you

Children & Families

•Children get clearer legal representation in court, with both a direct lawyer following their instructions and a separate representative acting in their best interestsClauses 21, 24New section 110 sets out minimum duties for separate representatives: meet with the child, explain their role, help the child take part, and present their views and wishes.
•Grandparents, foster carers and other significant people in a child's life can ask the court to take part in proceedings and be legally representedClause 25New section 113 allows the court to let non-parties participate to the extent it considers appropriate, with a right to legal representation.
•Parents of a child under long-term guardianship (to someone other than the department) can request a case plan review once every 12 monthsClause 5Amended section 51VA lets a parent ask the chief executive to review the plan, with refusals reviewable by QCAT.
•Attending a family group meeting or agreeing to a case plan cannot be used against a parent as an admission in courtClauses 7, 8New subsections in sections 51YA and 51YB protect participation while still allowing what a person actually says or does at the meeting to be admitted as evidence.

Justice & Rights

•The litigation director must now get the court's permission and give reasons before withdrawing a child protection order applicationClause 10New section 57A requires leave of the court to withdraw an application, with reasons why the order is no longer required.
•Parties to child protection cases get a new continuing duty of disclosure so they can see the evidence being used against themClause 31New section 189C imposes a continuing duty on the litigation director to disclose all relevant documents; misuse of disclosed material is an offence carrying up to 100 penalty units or 2 years imprisonment (section 189E).
•QCAT must pause its review of a contact decision when the same issue is already before the Childrens Court, avoiding duplicated proceedingsClause 19New section 99MA requires QCAT to suspend the review and notify parties so the Childrens Court can deal with the contact matter.
•Courts can join two or more child protection cases (for example, relating to siblings) if it is in the interests of justiceClause 26Replaced section 115 lets the Childrens Court hear applications together on its own initiative, even where the parties differ.

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced16 Feb 2016View Hansard

First Reading16 Feb 2016View Hansard

▸Committee16 Feb 2016View Hansard

Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee

Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee (formerly the Health and Ambulance Services Committee)portfolio

Committee Inquiry

Report No. 16, 55th Parliament — Child Protection Reform Amendment Bill 2016(bill)

Committee Findings

Recommended passage

The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the bill and recommended it be passed. The bill implements 10 court-related recommendations from the Queensland Child Protection Commission of Inquiry and establishes the Office of the Child and Family Official Solicitor. The committee made four recommendations, including that the Minister consider removing the word 'significantly' from proposed section 51VA and address concerns raised by the Bar Association of Queensland.

Key findings (5)

The bill implements recommendations from the Queensland Child Protection Commission of Inquiry led by the Honourable Tim Carmody QC, which found the child protection system was under stress
The bill creates the Office of the Child and Family Official Solicitor to provide early and independent legal advice to departmental staff and prepare evidence for child protection orders
The Queensland Law Society raised concerns about transparency in case plan processes and suggested parents' concerns be formally recorded
The Bar Association of Queensland questioned the use of the qualifier 'materially' in relation to disclosure of personal information in proceedings
Protect All Children Today advocated for children giving evidence in the Childrens Court to be afforded the same child witness protections as in criminal proceedings

Recommendations (4)

The committee recommends that the Child Protection Reform Amendment Bill 2016 be passed.
The committee recommends the Minister consider whether the bill needs to be amended to remove the word 'significantly' from proposed section 51VA, and advise of any decision in the House.
The committee recommends that, given the concerns raised, the Minister responds in the House to the issues raised by the Bar Association of Queensland in relation to clauses 31 and 32.
The committee recommends that the Minister consider the protection afforded to children in court as part of the Child Protection Act 1999 review process.

AI-generated summary — may contain errors

Committee Report28 Apr 2016

Committee report tabled

▸Second Reading11 May 2016View Hansard

▸11 members spoke11 support

4.02 pmMs FENTIMANSupports

As Minister for Child Safety, introduced the bill implementing 10 court-related recommendations from the Queensland Child Protection Commission of Inquiry to strengthen child protection court processes and give children and families a voice in proceedings.

“These are important reforms that will drive improvements for Queensland children and families.”— 2016-05-11View Hansard

4.17 pmMs BATESSupports

As shadow minister for child safety and a survivor of childhood domestic violence, supported the bill implementing the Child Protection Commission of Inquiry recommendations, sharing her deeply personal story to illustrate the importance of child protection reform.

“I am proud that I am a survivor of my own childhood and I am particularly pleased that in my new role as shadow minister in such an important portfolio that my understanding, empathy and sympathy in my deliberations will also help others.”— 2016-05-11View Hansard

4.36 pmMs LINARDSupports

As committee chair, supported the bill, emphasising its focus on giving children and families a greater voice in court proceedings and improving the quality of information before the court.

“The purpose of the amendments is to achieve better outcomes for families and children involved in child protection court proceedings.”— 2016-05-11View Hansard

4.44 pmMr WALKERSupports

Supported the bill while raising concerns about the breadth of the director's discretion and the retention of 'significantly' and 'materially' in the legislation.

“I rise to support the contribution from the shadow minister for communities, child safety, disabilities services and the prevention of family and domestic violence.”— 2016-05-11View Hansard

4.53 pmMr KELLYSupports

Supported the bill as reflecting the government's commitment to implement the Child Protection Commission of Inquiry recommendations for a sustainable and effective child protection system.

“These bills reflect the Palaszczuk government's commitment to implement the recommendations of the Queensland Child Protection Commission of Inquiry.”— 2016-05-11View Hansard

4.59 pmMs DAVISSupports

As former minister for child safety, supported the bill continuing the implementation of inquiry recommendations established under the LNP government, while raising concerns about the cost and Brisbane-based model for the director's office.

“As the shadow minister, the member for Mudgeeraba, has indicated, the LNP will be supporting these bills.”— 2016-05-11View Hansard

5.09 pmMr HARPERSupports

Supported the bill, welcoming the bipartisan support for reforming the child protection system based on the 121 inquiry recommendations.

“From the outset can I say that it is a great day as parliamentarians to find bipartisan support on such an important issue.”— 2016-05-11View Hansard

5.15 pmDr ROWANSupports

Supported the bill implementing the Commission of Inquiry recommendations, emphasising the importance of protecting vulnerable children from abuse and neglect.

“Unfortunately, it seems that legislators are having to do more and more with respect to dealing with the abuse and neglect of children not only in Queensland but across Australia and throughout the world.”— 2016-05-11View Hansard

5.21 pmMs BOYDSupports

Supported the bill implementing the inquiry recommendations, noting the system had been under immense strain as confirmed by the 2013 report.

“Along with the 121 recommendations the message was clear: the system was under immense strain.”— 2016-05-11View Hansard

5.26 pmMr DICKSONSupports

As a committee member, supported the bill implementing the inquiry recommendations established by the previous LNP government.

“On 1 July 2012 the previous LNP government established the Queensland Child Protection Commission of Inquiry after inheriting a child protection system under enormous stress.”— 2016-05-11View Hansard

5.35 pmMrs GILBERTSupports

Supported the bill, emphasising that as a community everyone must take responsibility to ensure no child is exposed to unsafe living conditions.

“Sadly, not all children in our communities are living in safe homes and environments. As a community, we must all take responsibility to ensure no child is exposed to unsafe living conditions and environments.”— 2016-05-11View Hansard

In Detail11 May 2016View Hansard

Third Reading11 May 2016View Hansard

Royal Assent25 May 2016

Referenced Entities

Legislation

Child Protection Act 1999 Director of Child Protection Litigation Act 2016 Childrens Court Act 1992 Public Guardian Act 2014 QCAT Act 2009 Legislative Standards Act 1992

Organisations

Programs & Schemes

Family group meetings Court-ordered conferencing

Roles & Offices

Director of Child Protection Litigation Public Guardian Separate Representative direct representative authorised officer (Child Protection Act)chief executive (Department of Communities, Child Safety and Disability Services)

Sectors Affected

Child Protection Civil Law Courts

Classified using AGIFT/ANZSIC Australian government standards