Director of Child Protection Litigation Bill 2016

Overview

This bill creates a new independent Director of Child Protection Litigation who will decide when to apply for child protection orders and run those cases in the Childrens Court, a role currently performed by the child safety department. It implements a key recommendation from the 2013 Queensland Child Protection Commission of Inquiry to improve evidence standards and accountability in child protection cases.

Who it affects

Children and families in the child protection system, child safety department staff, and the lawyers, courts and community organisations involved in child protection proceedings. It commences on 1 July 2016.

Key changes

• Creates an independent Director of Child Protection Litigation — a senior lawyer appointed by the Governor in Council for up to five years, not under Ministerial control
• Only the Director can apply for, vary, revoke or appeal a child protection order; the child safety department must refer matters with a brief of evidence
• The Director must consult with the chief executive (child safety) and give written reasons if deciding to do something the department disagrees with
• New offences of up to 100 penalty units or 2 years' imprisonment for misusing confidential information about children and families
• Expands Child Death Case Review Panels so they also review the Director's conduct after a child dies or is seriously injured