1. Community Legal Centres Queensland Child protection in Queensland – 2016 legislative amendments webinar 27 May 2016 Nigel A Miller A/Assistant Director, Family Law Services Legal Aid Queensland

2. Overview of the justice-related reforms Amendments to the Child Protection Act 1999 (CP Act) Director of Child Protection Litigation Act 2016 (DCPL Act) Remaking of Childrens Court Rules

3. Director of Child Protection Litigation (DCPL) DCPL Act and consequential amendments to CP Act Office of the Director of Child Protection Litigation (DCPL) established Office of the Official Solicitor (OCFOS) established Amendment to s66(4) CP Act – court may direct Child Safety to do things during an adjournment

4. Disclosure Section 189C CP Act – disclosure obligation of DCPL Section 24 DCPL Act – corresponding obligation of Child Safety It is anticipated that the remade Childrens Court Rules may provide additional detail for disclosure in a proceeding – see s189C(8)

5. Refusing disclosure Section 191 CP Act – grounds for refusal to disclose include where a document or information: –is subject to legal professional privilege –is a communication between DCPL and Child Safety –would endanger a person’s safety/psychological health if disclosed –is a confidential counselling record and the person it relates to does not consent –would prejudice, or lead to the identification of a confidential source for, an investigation

6. Court case management framework Childrens Court benchbook Practice directions Childrens Court rules CP Act: –New s68A –s114 and amended s115

7. Representation of children Amendment to s108 CP Act – a subject child may appear in person or be represented by one/both of: –Direct representative –Separate representative Amendment to s110 CP Act: –Application to child protection proceedings only –Role of the separate representative clarified in the Act –Matters the court must consider when deciding whether to make an order appointing a separate representative may be prescribed in the Childrens Court Rules

8. Court ordered conferences (COCs) Amendment to s59(1)(c) CP Act – final child protection order may be made without a COC being held in exceptional circumstances

9. Withdrawing application for CPO New s57A CP Act –leave required to withdraw an application for a child protection order –Reasons must be given to the court

10. Non-parties Amendment to s113 CP Act Scope of the non-party’s role defined by the Magistrate’s s113 order: –Must include how and when they take part –May also include conditions, things they must do, and provisions of the Act that apply as if they were a party A s113 non-party may be represented by a lawyer

11. Long-term guardianship Amendment to s59 CP Act – when making a long-term guardianship order, the court must be satisfied that the case plan includes living and contact arrangements for the child Amendment of s51VA CP Act – in addition to the child and a long-term guardian, a parent may also request Child Safety review a case plan

12. QCAT contact review New s99MA CP Act Qld Civil and Administrative Tribunal contact review suspended if there is a concurrent child protection proceeding Court may deal with the substance of the review by making interim orders about contact The QCAT contact review may proceed if the Court doesn’t make an interim contact order

13. Questions/comments?