Child Protection

In Australia, State and Territory governments are responsible for the administration and operation of child protection services. Legislation in each state and territory governs the way in which services are provided in relation to child protection. The principle child protection legislation in Qld is the Child Protection Act 2014.

Key Principles guiding legislation

Australia is a signatory to the United Nations convention on the rights of the child (1989) and many of the principles within the convention are embedded within child protection legislation and policy. Interventions are to be provided, Legislative principles reflect the service goals to which governments aspire. Legislation in all Australian jurisdiction identifies the paramount importance of the principle “in the best interests of the child”. Policy provisions provide guidance as to how such decisions are made and presented in each jurisdiction.

Early Intervention

All jurisdictions consistently identify the active use of early intervention services with the goal of preventing entry or re-entry into the statutory system. The approaches in the delivery of such services vary for example the degree to which non-government agency providers are involved. In Queensland the Department of Communities (Child Safety) is the government body empowered to intervene in Child Protection matters. In circumstances where the Department has received a notification in relation to allegations of abuse the Department is bestowed with powers to commence Court proceedings for certain Orders to intervene in relation to the care of children. The types of applications that the Department of Communities (Child Safety) can make to the Children’s Court are:

  • Applications for a Temporary Assessment Order.
  • Applications for a Child Protection Order
  • Application for a Court Assessment Order

If you have been served with documentation from the Department in relation to Child Protection proceedings, we would recommend that you seek advice immediately so that you are fully informed in relation to the Court process and your rights.

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