Australian Government

Federal Register of Legislation

Child Welfare Act 2009 (NI)

In force

Administered by

Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Latest version

View as made version

C2022Q00003 C08

01 January 2022

Table of contents

Chapter 1—Preliminary
Part 1.1—Introductory
- 1 Short title
- 2 Commencement
Part 1.2—Interpretation
- 3 Dictionary and notes
- 4 Orders in favour of a person
- 5 Meaning of carer
Part 1.3—Application of the Act
- 6 Application of Act generally
- 7 Who is a child?
- 8 Who is a young person?
- 9 Children and young people to whom Act applies
- 9A Relationship with Education (General Provisions) Act 2006 (Qld) (NI)
Chapter 2—General objects, principles and parental responsibility
Part 2.1—General objects
- 10 Objects
Part 2.2—Principles applying to the Act
- 11 Application of principles
- 12 General principles
- 13 How to apply the best interests principle
Part 2.3—Parental responsibility
- 14 Meaning of court order for Part 2.3
- 15 What is parental responsibility?
- 16 Who has parental responsibility?
- 17 Who can exercise parental responsibility for a child or young person?
- 18 Parental responsibility for day-to-day care, welfare and development
- 19 Parental responsibility for long-term care, welfare and development
Chapter 3—Proceedings under Act generally
- 20 Entitlement to take part
- 21 General representation of child or young person
- 22 Legal representation of child or young person
- 23 Applications may be heard together
- 23A General nature of proceedings under this Act
Chapter 4—Administration
Part 4.1—Child welfare officer
- 24 Child welfare officer appointment and functions
- 25 Duties and particular powers of child welfare officer
- 26 Who can the child welfare officer get help from?
- 27 Provision and exchange of information
- 28 Power to enter agreements for general exercise of parental responsibility
- 29 Authorisation to exercise parental responsibility for particular child or young person
- 30 Monitoring children and young people for whom child welfare officer has parental responsibility
- 31 After care assistance
- 32 Delegation by child welfare officer
Chapter 5—Children and young people in need of care and protection
Part 5.1—General
- Division 5.1.1—Preliminary
- Division 5.1.2—Abuse and neglect
Part 5.2—Voluntary action
- Division 5.2.1—Voluntary care agreements
- Division 5.2.2—Appraisal and assessment
Part 5.3—Care and protection orders and emergency action
- Division 5.3.1—General
- Division 5.3.2—Short care and protection orders
- Division 5.3.3—Assessment orders
- Division 5.3.4—Emergency action
- Division 5.3.5—Therapeutic protection orders
- Division 5.3.6—Specific issues orders
- Division 5.3.7—Final care and protection orders
- Division 5.3.8—Safe custody
  - 138 Circumstances in which child or young person may be taken into safe custody
  - 139 Court’s power in relation to child or young person taken into safe custody
- Division 5.3.9—Representation of wishes of child or young person
- Division 5.3.10—Procedures
  - 143 Applications and other procedures before the court
- Division 5.3.11—Support for children and young persons in crisis
  - Part 1—Serious or persistent conflict
  - Part 2—Homelessness
Chapter 6—Transfer of child care and protection orders and proceedings
Part 6.1—Preliminary
- 144 Object of chapter 6
- 145 Definitions for chapter 6
Part 6.2—Transfer of certain child care and protection orders
- Division 6.2.1—Administrative transfers
- Division 6.2.2—Judicial transfers
Part 6.3—Transfer of child care and protection proceedings
- 156 When court may make order under Part 6.3
- 157 Service of application
- 158 Court to have regard to certain matters
- 159 Interim order
- 160 Appeals
Part 6.4—Registration
- 161 Filing and registration of interstate documents
- 162 Notification by appropriate Clerk
- 163 Effect of registration
- 164 Revocation of registration
Part 6.5—Miscellaneous
- 165 Effect of registration of transferred order
- 166 Transfer of court file
- 167 Deciding transferred proceeding
- 168 Disclosure of information
Chapter 7—Appeals and review
- 169 Meaning of order
- 170 Appeal to Supreme Court
- 171 Application of Court of Petty Sessions Act
- 172 Orders that Supreme Court may make
Chapter 8—General offences
- 173 Presumption of age
- 174 Offences in relation to child or young person subject to an order
- 175 Offence to harbour or conceal child or young person
Chapter 9—Powers of entry and search
- 176 Things connected with offences
- 177 Extended meaning of offence
- 178 Search and seizure
- 179 Search warrants
- 180 Entry in emergencies
- 181 Consent to entry
- 182 Power to conduct personal search of child or young person
- 183 Rules for conduct of personal search
- 184 Safekeeping of things seized
Chapter 10—Standards
- 185 Standard-making power
Chapter 11—Confidentiality and immunity
- 186 Confidentiality generally
- 187 Information required not to be disclosed
- 188 Civil liability
- 189 Immunity from suit
Chapter 12—Miscellaneous
- 190 Understanding proceedings
- 191 Right of appearance
- 192 Power of person without parental responsibility
- 193 Notification of location of child or young person
- 193A Notifying child welfare officer of certain convictions
- 194 Evidentiary certificates
- 195 Determination of fees
- 196 Approval of forms by Minister
- 197 Regulation-making power
- 198 Repeal
Dictionary
Endnotes