Child Protection Act 1974
[Long title Amended by No. 29 of 1986, s. 4 ]An Act to provide further and better protection for children from maltreatment
[Royal Assent 24 January 1975]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) This Act may be cited as the Child Protection Act 1974 .(2) This Act shall commence on a date to be fixed by proclamation.
[Section 2 Subsection (1) amended by No. 67 of 1982, s. 3 ][Section 2 Subsection (1) amended by No. 29 of 1924, s. 3 and Sched. 1 ][Section 2 Subsection (1) amended by No. 29 of 1986, s. 5 ][Section 2 Subsection (1) amended by No. 43 of 1990, s. 4 ](1) [Section 2 Subsection (1) amended by No. 53 of 1978, s. 2 ]In this Act unless the contrary intention appears –appropriate officer, in relation to the taking of a child to a place of safety, means –(a) a police officer;(b) an authorized officer;(c) an individual who is the responsible authority for, or employed on the staff of, that place of safety or the place of safety from which the child is being taken; or(d) an individual authorized by the responsible authority for the place of safety to or from which the child is being taken;assessment centre means a hospital, or other institution or facility, that is, for the time being, declared under section 7 to be an assessment centre for the purposes of this Act;authorized officer means a person who is appointed an authorized officer or authorized to perform the duties and exercise the powers of an authorized officer under section 5 ;Board means the Child Protection Board established under section 3 ;child means a person who has not attained the age of 17 years;child protection order means an order under section 10 or a temporary order under section 10A ;Director means the Director for Community Welfare;functions includes duties;medical practitioner means a legally qualified medical practitioner;place of safety means any assessment centre or any premises that are a place of safety by virtue of a notification under section 7A ;responsible authority means –(a) in relation to an assessment centre – the officer or body that is, for the time being, in accordance with section 7 (3) or (4) , the responsible authority for that assessment centre; and(b) in relation to a place of safety –(i) where that place of safety is an assessment centre – the officer or body referred to in paragraph (a) ; or(ii) in any other case – the person who is, for the time being, in accordance with section 7A (2) , the responsible authority for that place of safety;responsible medical officer, in relation to a child liable to be detained at an assessment centre under a child protection order, means the medical practitioner for the time being responsible for the medical treatment of that child.(2) [Section 2 Subsection (2) substituted by No. 29 of 1986, s. 5 ]In determining the age of any person for the purpose of deciding whether that person is a child for any of the purposes of this Act, a person, the Board, or a court shall act upon the best information or evidence reasonably available and if there is no satisfactory information or evidence upon which to act, upon his or its own estimate of the age of the first-mentioned person.(3) [Section 2 Subsection (3) substituted by No. 29 of 1986, s. 5 ]No action taken by a person, no proceedings, decision, or action of the Board, and no proceedings, decision, order, or adjudication of a court shall be invalid by reason only of the fact that the person, Board, or court has acted in the mistaken belief, or on the mistaken assumption, that a person had, or had not, attained a certain age at a particular time.(4) [Section 2 Subsection (4) substituted by No. 29 of 1986, s. 5 ]A child shall be taken, for the purposes of this Act, to suffer maltreatment if –(a) whether by act or omission or intentionally or by default, any person (including a parent, guardian, or other person having the custody, care, or control of the child) –(i) inflicts on the child a physical injury causing temporary or permanent disfigurement or serious pain;(ii) by any means (including, in particular, the administration of alcohol or any other drug) subjects the child to an impairment, either temporary or permanent, of a bodily function or of the normal reserve or flexibility of a bodily function; or(iii) neglects, or interferes with, the physical, nutritional, mental, or emotional well-being of the child to such an extent that –(A) the child suffers, or is likely to suffer, psychological damage or impairment;(B) the emotional or intellectual development of the child is, or is likely to be, endangered; or(C) the child fails to grow at a rate that would otherwise be regarded as normal for that child;(b) any person (including a parent, guardian, or other person having the custody, care, or control of the child) causes the child to engage in, or be subjected to, sexual activity; or(c) the child is, with or without the consent of the child or of a parent, guardian, or other person having the custody, care, or control of the child, engaged in, or subjected to, sexual activity that –(i) is solely or principally for the purpose of the sexual gratification of any other person;(ii) is in whole or in part the subject of, or included among the matters portrayed in, any printed matter, photograph, recording, film, video tape, exhibition, or entertainment; or(iii) in any other manner exploits the child.
PART II - Administration
[Section 3 Subsection (5) amended by No. 43 of 1990, s. 5 ](1) [Section 3 Subsection (1) amended by No. 43 of 1990, s. 5 ]There shall be established a board to be known as the Child Protection Board.(2) [Section 3 Subsection (2) substituted by No. 43 of 1990, s. 5 ]The Board shall consist of the following members:(a) the chairperson who shall be the Secretary of the Department;(b) a person employed in the responsible Department in relation to the Child Welfare Act 1960 ;(c) a person employed in the responsible Department in relation to the Police Regulation Act 1898 ;(d) a person employed in the responsible Department in relation to the Criminal Code Act 1924 ;(e) a person employed in the responsible Department in relation to the Education Act 1932 ;(f) a person employed in the responsible Department in relation to the Health Services Act 1960 ;(g) not more than 4 other persons.(3) [Section 3 Subsection (3) inserted by No. 43 of 1990, s. 5 ]The members of the Board, other than the chairperson, shall be appointed by the Minister.(4) [Section 3 Subsection (4) omitted by No. 43 of 1990, s. 5 ]. . . . . . . .(5) [Section 3 Subsection (5) amended by No. 29 of 1986, s. 6 ]A member of the Board, other than the chairperson holds office on the terms of his instrument of appointment, but may resign his office by notice in writing given to the Minister.(6) Any member of the Board may, with the approval of the Minister, appoint another person to be his deputy, and a deputy so appointed holds office during the pleasure of the Minister.(7) [Section 3 Subsection (7) amended by No. 43 of 1990, s. 5 ]The deputy of a member of the Board is, in the event of the absence of the member of whom he is the deputy from a meeting of the Board, entitled to attend that meeting and, when so attending, shall be deemed to be a member of the Board and, in the case of the deputy of the chairperson of the Board, shall be deemed to be chairperson of the Board.(8) [Section 3 Subsection (8) amended by No. 43 of 1990, s. 5 ]The chairperson of the Board or his deputy shall preside at any meeting of the Board at which he is present and, if neither is present, such one of the members present as they may choose shall preside at the meeting.(9) The person presiding at a meeting of the Board has a deliberative vote, and if there is an equality of votes on any matter before a meeting of the Board, he has a second or casting vote.(10) [Section 3 Subsection (10) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The members of the Board are not, as such, subject to the Tasmanian State Service Act 1984 , but an employee, within the meaning of that Act, may hold office as a member of the Board in conjunction with his position in the State Service.(11) Three members of the Board form a quorum at any meeting of the Board.(12) Subject to this Act the Board shall regulate its own proceedings.(13) [Section 3 Subsection (13) amended by No. 29 of 1984, s. 3 and Sched. 1 ]There shall be paid to a member of the Board such remuneration and allowances as the Governor may determine but no remuneration or allowances shall be paid to a member of the Board who is an employee, within the meaning of the Tasmanian State Service Act 1984 , except with the approval of the Head of the Agency in which the employee is employed.(14) [Section 3 Subsection (14) added by No. 43 of 1990, s. 5 ]A member of the Board shall not incur any personal liability in respect of any act done or omitted to be done by the member in good faith –(a) in the performance or exercise, or the purported performance or exercise, of any function or power under this Act; or(b) in the administration or execution, or the purported administration or execution, of this Act.
3A. General duties of Board in cases of children at risk
[Section 3A Inserted by No. 53 of 1978, s. 3 ](1) [Section 3A Subsection (1) amended by No. 29 of 1986, s. 7 ]It is the duty of the Board to make such arrangements as it considers practicable to ensure that cases in which there is a substantial risk of a child suffering maltreatment or in which a child has so suffered are brought to its notice without delay.(2) [Section 3A Subsection (2) amended by No. 29 of 1986, s. 7 ]Where the Board becomes aware of such a case as is referred to in subsection (1) it shall take all such action as is reasonably necessary to endeavour to ensure that the child does not suffer maltreatment or further maltreatment and that proper arrangements are made and carried out for the care and protection of the child.(3) Without prejudice to the generality of the provisions of subsection (2) , the action referred to therein may include action designed to remove the child to a place in which he will be safe from the harm that threatens him.
[Section 3B Inserted by No. 53 of 1978, s. 3 ][Section 3B Amended by No. 29 of 1986, s. 8 ][Section 3B Amended by No. 43 of 1990, s. 6 ]With a view to facilitating the recognition of the cases referred to in section 3A and the taking of proper action in those cases with respect to the children and other persons involved, the Board may, with the approval of the Minister or a person authorized by the Minister, arrange for the dissemination of information and advice and the conduct of courses of education or training for persons interested or concerned or for the community at large.
3C. Arrangements with other bodies, &c.
[Section 3C Inserted by No. 53 of 1978, s. 3 ][Section 3C Amended by No. 43 of 1990, s. 7 ]With the approval of the Minister or a person authorized by the Minister, the Board may make such arrangements with other bodies or persons as it considers necessary or desirable to facilitate the exercise of its functions.
3D. Appearance in legal proceedings affecting children
[Section 3D Inserted by No. 53 of 1978, s. 3 ](1) In all proceedings before a court in which an order or other determination may be made with respect to the custody, guardianship, or maintenance of, or access to, a child in respect of whom the Board considers it necessary to provide protection, the Board is entitled to appear before the court and, subject to any directions of the court, make such representations and bring such evidence as it thinks would assist the court in making the order or other determination.(2) The Board may, under this section, appear before a court by any person authorized by it generally or specially in that behalf.
[Section 4 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ](1) [Section 4 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may appoint a person employed in the Department to be secretary of the Board and that employee may hold that office in conjunction with his position in the State Service.(2) The Minister may make arrangements to provide for the Board such accommodation as it may require.(3) [Section 4 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Board may make arrangements with the Secretary of the Department for such persons employed in that Department as may be considered necessary to be made available to the Board to enable it to perform its functions, and such persons may, in conjunction with their positions in the State Service, serve the Board in any capacity.
[Section 5 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ](1) The Board may, with the approval of the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint employees employed in that Agency to be authorized officers for the purpose of this Act and such employees may hold office as authorized officers in conjunction with their positions in the State Service.(2) The Board may authorize persons, not being employees, within the meaning of the Tasmanian State Service Act 1984 , to perform duties and exercise the powers of authorized officers for the purposes of this Act.
[Section 5A Inserted by No. 43 of 1990, s. 8 ](1) The Board shall, on or before 31 October in each year or such other date as may be determined by the Secretary of the Department –(a) prepare an annual report in respect of the period of 12 months that ended on the last preceding 30 June or such other period of 12 months as may have been prescribed under the Tasmanian State Service Act 1984 in relation to the Head of Agency, within the meaning of that Act, for the Department; and(b) furnish the Head of Agency with that annual report.(2) The annual report shall relate to –(a) the performance of the functions and the exercise of the powers of –(i) the Board; and(ii) the authorized officers; and(iii) the staff attached to the Board; and(iv) any committee appointed under section 6A ; and(v) any sub-committee appointed under section 6A ; and(b) such other matters as the Head of Agency specified in subsection (1) considers is appropriate or is necessary for Parliament to be properly informed as to the performance and progress of the Board during the period of 12 months to which the annual report relates.
6. Exercise of the functions of the Board
[Section 6 Subsection (1) amended by No. 43 of 1990, s. 9 ](1) [Section 6 Subsection (1) amended by No. 29 of 1986, s. 9 ]The Board may delegate any of its functions under this Act to the chairperson of the Board, another member of the Board, a committee appointed under section 6A , or an authorized officer.(2) Where under this Act any notification is required to be given, or any report required to be made, to the Board it is sufficient if that notification is given, or that report made, to a member of the Board or the secretary of the Board.(3) Where any notification is given, or any report made, or any other information is supplied to the Board, the Board may direct an authorized officer to take such action as he is entitled to take under this Act as the Board considers necessary or desirable in the circumstances and the officer shall comply with that direction.(4) To the extent that he is authorized by the Board so to do, a person may, in his own name and on behalf of the Board, institute and carry on any proceedings that the Board is authorized to institute or carry on under this Act; and the Board may appear in any such proceedings by a person authorized by it in that behalf.(5) [Section 6 Subsection (5) added by No. 29 of 1986, s. 9 ]An authorization given by the Board under subsection (4) may have effect generally or in relation to a particular case or a particular class of cases, as specified in the relevant resolution of the Board.
[Section 6A Inserted by No. 53 of 1978, s. 4 ](1) The Board may appoint committees for such general or special purposes as, in its opinion, would be more conveniently managed by a committee, and may delegate to a committee so appointed, with or without restrictions, as it thinks fit, any of the functions of the Board.(2) A committee appointed under this section may consist of, or include, persons who are not members of the Board.(3) The Board may, if it thinks fit, appoint the chairman of a committee appointed under this section, fix the terms of office of the members of the committee, and give directions as to its proceedings and the manner of the exercise of its functions.(4) Subject to the directions of the Board, a committee appointed under this section may appoint persons to be members of the committee for such purposes or for such periods as it may specify.(5) Subject to the directions of the Board, a committee appointed under this section –and may give directions as to the proceedings of any such sub-committee and the manner of the exercise of its functions.(a) may appoint sub-committees to investigate any matters connected with the exercise of the functions of the Board by the committee and to advise the committee on the exercise of those functions by it; and(b) may have any of those matters investigated by any person or persons and may obtain the advice of any person or persons on the exercise of those functions by it –(6) A sub-committee appointed by a committee under subsection (5) (a) may consist of, or include, persons who are not members of the committee.(7) Subject to this section and to any direction given thereunder, a committee or a sub-committee appointed under this section may regulate its own proceedings.(8) [Section 6A Subsection (8) added by No. 43 of 1990, s. 10 ]Subject to subsection (9) , a member of a committee or sub-committee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister, or a person authorized by the Minister, may from time to time determine.(9) [Section 6A Subsection (9) added by No. 43 of 1990, s. 10 ]The remuneration determined in respect of a member may be determined generally or in relation to a class of members or that particular member.(10) [Section 6A Subsection (10) added by No. 43 of 1990, s. 10 ]A member of a committee or sub-committee who is an employee, within the meaning of the Tasmanian State Service Act 1984 , is not entitled to remuneration under subsection (8) , except with the approval of the Head of the Agency in which the employee is employed.(11) [Section 6A Subsection (11) added by No. 43 of 1990, s. 10 ]A member of a committee or sub-committee shall not incur any personal liability in respect of any act done or omitted to be done by the member in good faith –(a) in the performance or exercise, or the purported performance or exercise, of any function or power under this Act; or(b) in the administration or execution, or the purported administration or execution, of this Act.
[Section 7 Amended by No. 4 of 1991, s. 39 and Sched. 4 ](1) [Section 7 Subsection (1) substituted by No. 29 of 1986, s. 10 ]The Minister may, by order, declare –to be an assessment centre for the purposes of this Act.(a) [Section 7 Subsection (1) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] a hospital maintained and operated by or on behalf of the State; or(b) an institution or other facility maintained by the State –(2) The Minister may revoke any order made by him under subsection (1) .(3) [Section 7 Subsection (3) substituted by No. 4 of 1991, s. 39 and Sched. 4 ][Section 7 Subsection (3) substituted by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] For the purposes of this Act, the responsible authority for an assessment centre that is a hospital maintained and operated by or on behalf of the State is the Secretary of the responsible Department in relation to the Health Act 1997 .(4) [Section 7 Subsection (4) amended by No. 29 of 1986, s. 10 ]For the purposes of this Act the responsible authority for an assessment centre that is an institution or facility referred to in subsection (1) (b) is such officer as the Minister may designate for the purpose.
[Section 7A Inserted by No. 53 of 1978, s. 5 ](1) [Section 7A Subsection (1) amended by No. 29 of 1986, s. 11 ]The Director may notify the Board of the premises (other than assessment centres) that may be used as places of safety for the purposes of this Act, and any premises for the time being so notified shall be deemed to be a place of safety within the meaning of this Act.(2) [Section 7A Subsection (2) substituted by No. 29 of 1986, s. 11 ]For the purposes of this Act, the responsible authority for a place of safety that is not an assessment centre is the person for the time being in charge of, or occupying, the premises that constitute the place of safety.(3) In any proceedings production of a document purporting to be a notification given for the purposes of this section signed by the Director or some person acting at his direction is sufficient evidence until the contrary is shown of the matters stated in the document.
PART III - Protection of Children
8. Information as to maltreatment of children
(1) [Section 8 Subsection (1) amended by No. 29 of 1986, s. 12 ]Any person who suspects upon reasonable grounds that a child has suffered maltreatment, or that there is a substantial risk that a child will suffer maltreatment, is entitled to report the fact to an authorized officer, and the report may be made orally or in writing.(2) The Governor may, by order, declare that persons of specified classes, being persons following professions, callings, or vocations specified in the order or holding offices so specified, shall make such report as is referred to in subsection (1) when, in the course of practice of those professions, callings, or vocations or in exercising the functions of those offices, circumstances come to their notice that warrant such reports being made.(3) Where a report has been made pursuant to subsection (1) or subsection (2) –(a) the making of the report shall not in any proceedings before any court or tribunal be held to constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct;(b) no liability as for defamation is incurred by reason of the making of the report;(c) the making of the report shall not constitute a ground for civil proceedings for malicious prosecution or conspiracy;(d) the report shall not be admissible in evidence in any proceedings before any court or tribunal except in the cases specified in subsection (4) and no evidence of the contents thereof is so admissible except in those cases; and(e) a person shall not, except in the cases specified in subsection (4) (b) , be compelled in any proceedings before any court or tribunal to produce the report, or any copy of, or extract from, the report, or to disclose, or give any evidence of, any of the contents of the report.(4) The cases referred to in subsection (3) (d) and (e) are the following:(a) Where the report is tendered in evidence, or the evidence in respect of the report is given, by the person by whom the report was made in answer to a charge or allegation made against him in the proceedings;(b) In support of, or in answer to, a charge or allegation made in the proceedings against any person in relation to the exercise of his powers or duties under this Act.
9. Requirement to take child for treatment
[Section 9 Amended by No. 29 of 1986, s. 13 ][Section 9 Amended by No. 43 of 1990, s. 11 ][Section 9 Amended by No. 29 of 1986, s. 13 ][Section 9A Repealed by No. 53 of 1978, s. 7 ]. . . . . . . .(1) [Section 9 Subsection (1) amended by No. 29 of 1986, s. 13 ]Where it appears to an authorized officer from his own knowledge or information supplied to him that a child has suffered maltreatment, or that there is a substantial risk that a child will suffer maltreatment, he may require any person who appears to be the parent of the child or to have for the time being the care of the child –(a) to cause that child to be taken to an assessment centre for the purpose of the assessment of his case in accordance with section 17 ; and(b) to ensure that, so far as he is able, such recommendations as are made by a medical practitioner with respect to the medical treatment of the child are carried out.(2) [Section 9 Subsection (2) amended by No. 29 of 1986, s. 13 ]Where an authorized officer is requested so to do by a person upon whom a requirement has been, or could be, made under subsection (1) , or if it appears to him that it is not reasonably practicable for that person to comply with a requirement made of him under paragraph (a) of that subsection, the authorized officer shall, if that person so agrees, cause the child to be taken to an assessment centre for the purpose of the assessment of his case in accordance with section 17 .(3) [Section 9 Subsection (3) substituted by No. 53 of 1978, s. 6 ]Where a justice is satisfied, on information made by statutory declaration in accordance with the prescribed form, that there are reasonable grounds for believing that a child has suffered maltreatment, or that there is a substantial risk that a child will suffer maltreatment, and that –the justice may issue a warrant authorizing a police officer to remove the child from any place at which he may be found and take him to a place of safety.(a) a requirement made under subsection (1) for the child to be taken to an assessment centre has not been complied with; or(b) there are reasonable grounds for believing that if such a requirement were made it would not be complied with –(4) [Section 9 Subsection (4) substituted by No. 53 of 1978, s. 6 ]Where a child has been –he may, during the 120 hours following his admission to that assessment centre or other place of safety, be detained in any place of safety and, during that period, may be transferred from one place of safety to another.(a) taken to an assessment centre in pursuance of a requirement made under subsection (1) ;(b) taken to an assessment centre by an authorized officer under subsection (2) ; or(c) taken to a place of safety in pursuance of a warrant issued under subsection (3) –(5) [Section 9 Subsection (5) inserted by No. 53 of 1978, s. 6 ]A child shall not under this section be taken from an assessment centre without the approval of the Board or the responsible medical officer.(6) [Section 9 Subsection (6) added by No. 53 of 1978, s. 6 ]Where under this section a child may be transferred from one place of safety to another any appropriate officer may take him to the place of safety to which he is to be transferred.
[Section 10 Subsection (1) amended by No. 29 of 1986, s. 14 ][Section 10 Subsection (7) amended by No. 31 of 1987, s. 4 ](1) [Section 10 Subsection (1) amended by No. 53 of 1978, s. 8 ]Where it appears to a magistrate on an application by the Board that a child may have suffered maltreatment, or that there may be a substantial risk that a child will suffer maltreatment, he may, if he considers it desirable in the interests of the child so to do, by order direct that the child be taken to such place of safety as may be specified in the order and be kept in that or some other place of safety for such period as may be specified in the order, not extending beyond 30 days from the making of the order.(1A) [Section 10 Subsection (1A) inserted by No. 53 of 1978, s. 8 ]A place other than an assessment centre shall not be specified in an order under subsection (1) unless evidence is given to the court by the Director or some person appearing on his behalf that that place is suitable for the accommodation of the child and that arrangements have been made for his reception therein.(1B) [Section 10 Subsection (1B) inserted by No. 53 of 1978, s. 8 ]An order may be made under subsection (1) directing that a child be taken to a place of safety notwithstanding that he is then being accommodated or detained in that place of safety; and on such an order being made he shall be deemed to have been admitted to that place of safety in pursuance of the order.(2) [Section 10 Subsection (2) amended by No. 31 of 1987, s. 4 ]On an application by the Board, a magistrate may, once only, by a further order, extend the period of a child protection order for a further period not exceeding 30 days if he is satisfied that it is in the interests of the child so to do.(2A) [Section 10 Subsection (2A) inserted by No. 31 of 1987, s. 4 ]Where the Board applies, under section 11 , for the exercise by a magistrate of the powers of a children's court under the Child Welfare Act 1960 in relation to a child subject to a protection order, that order continues to have effect until the conclusion of the relevant proceedings, notwithstanding the earlier expiry of the period of the order.(3) A magistrate, on the application of the Board, or of the parent of the child or any other person who is willing to care for the child, may revoke a child protection order if he is satisfied that the continuance in force of the order is no longer required in the interests of the child.(4) An application by the Board under this section may be heard ex parte, and any evidence given in support of the application may be given by affidavit.(5) [Section 10 Subsection (5) amended by No. 29 of 1986, s. 14 ]Where an application is made under this section otherwise than by the Board the magistrate shall not hear the application unless he is satisfied that notice of the intention to make the application has been served on the Board.(6) Where an order is made or revoked by a magistrate under this section he shall cause notice thereof to be given forthwith to the Board.(7) [Section 10 Subsection (7) amended by No. 53 of 1978, s. 8 ]References in this Act to the period of a child protection order shall be construed as references to the period specified in the order as the period for which the child is to be kept in a place of safety under the order or, if that period has been extended under this section, that period as so extended.
10A. Temporary child protection orders
[Section 10A Inserted by No. 29 of 1986, s. 15 ](1) Where, on an application made by the Board under section 10 in relation to a child, the magistrate is not in a position to decide whether or not the child may have suffered maltreatment or whether or not there may be a substantial risk that the child will suffer maltreatment, the magistrate may, if he thinks it in the interests of the child to do so, make a temporary order directing the child to be taken to such place of safety as may be specified in the order and be kept in that or some other place of safety for the period during which the order remains in force.(2) Subject to subsection (3) , a temporary order made under subsection (1) remains in force for such period, not exceeding 7 days, as is specified in the order.(3) A magistrate may, at the request of the Board, extend a temporary order made under subsection (1) for a further period not exceeding 7 days if the magistrate is satisfied that the circumstances are exceptional.(4) At the expiry of a temporary order made under subsection (1) or a temporary order extended under subsection (3) , a magistrate shall proceed to deal with the application referred to in subsection (1) in accordance with section 10 .(5) References in this Act to the period of a child protection order shall, in relation to a temporary order under this section, be construed as references to the period specified in the temporary order as the period for which the temporary order remains in force, or, if that period has been extended under subsection (3) , that extended period.
11. Powers under Child Welfare Act 1960
(1) [Section 11 Subsection (1) amended by No. 29 of 1986, s. 16 ]Where, on an application made by the Board in respect of a child under section 10 , or on an application made by the Board in respect of a child subject to a child protection order, a magistrate is satisfied that the child has suffered maltreatment, or that there is a substantial risk that the child will suffer maltreatment, he may, in addition to, or in lieu of, exercising any powers under this Act, exercise in relation to that child, and his parent or guardian, the like powers as if he were a children's court and the child had been brought before him under the Child Welfare Act 1960 and found to be a neglected child within the meaning of that Act.(2) [Section 11 Subsection (2) amended by No. 53 of 1978, s. 9 ]Where a child protection order is, or has been, in force in respect of a child the Board, if the child is or becomes a ward of the State, may, after consultation with the Director, request him to ensure that the child is dealt with in the manner indicated in the request and, in discharging his responsibilities, and otherwise exercising his functions, in relation to the child, the Director shall, as far as practicable, comply with the request.(3) Where a child to whom a child protection order relates is brought before a children's court under Division III of Part III of the Child Welfare Act 1960 that court, in addition to or in lieu of exercising any powers under that Act, may exercise any of the powers exercisable by a magistrate under section 10 on an application made by the Board.
12. Effect of child protection order
[Section 12 Subsection (1) amended by No. 29 of 1986, s. 17 ](1) [Section 12 Subsection (1) amended by No. 53 of 1978, s. 10 ]A child protection order is sufficient authority –(a) for any authorized officer to take the child to whom the order relates to the place of safety named in the order within the period of the order; and(b) for the responsible authority to detain the child in that place of safety during that period.(2) [Section 12 Subsection (2) amended by No. 53 of 1978, s. 10 ]Where under section 13 a child who is subject to a child protection order is transferred from one place of safety to another the order thereafter has effect as if the place of safety to which he is transferred were the place of safety named in the order.
13. Transfer of child to another place of safety
[Section 13 Substituted by No. 53 of 1978, s. 11 ](1) Where a child is liable to be detained in a place of safety by virtue of a child protection order a transfer order may be made in accordance with this section authorizing his transfer to some other place of safety.(2) [Section 13 Subsection (2) amended by No. 29 of 1986, s. 18 ]A transfer order authorizing the transfer of a child from one assessment centre to another may be made by the responsible authority for the assessment centre from which the child is to be transferred if it is of opinion that the child should be so transferred and is satisfied that arrangements have been made for the accommodation of the child at the assessment centre to which he is to be transferred.(3) [Section 13 Subsection (3) amended by No. 29 of 1986, s. 18 ]Except in a case to which subsection (2) applies, a transfer order may be made by the Director or some person acting with his authority but no order shall be made under this subsection authorizing the transfer of a child from an assessment centre without the approval of the responsible authority for that assessment centre or the responsible medical officer.(4) A transfer order is sufficient authority for any appropriate officer, within 7 days of the making of the order, to take the child to the place of safety to which he is authorized to be transferred under the order.(5) [Section 13 Subsection (5) amended by No. 29 of 1986, s. 18 ]Any person making a transfer order under this section shall furnish the Board with a copy of the order; and the responsible authority for the place of safety to which the child is transferred under the order shall notify the Board and the parents or those in loco parentis that the child has been so transferred.
14. Authorized absence of child from place of safety
[Section 14 Amended by No. 29 of 1986, s. 19 ](1) [Section 14 Subsection (1) amended by No. 53 of 1978, s. 12 ]Where a child is liable to be detained in a place of safety under this Act, the Board may allow the child to be absent from the place of safety in the care of a specified person either indefinitely or for a specified period.(1A) [Section 14 Subsection (1A) inserted by No. 53 of 1978, s. 12 ]The Board shall not, under this section, allow a child to be absent from an assessment centre except on the recommendation of the responsible authority.(2) [Section 14 Subsection (2) amended by No. 53 of 1978, s. 12 ]Where a child is allowed to be absent from a place of safety under this section the Board may by notice in writing given to an authorized officer require the child to be returned to that place of safety or to some other place of safety specified in the notice.(3) [Section 14 Subsection (3) amended by No. 53 of 1978, s. 12 ]A notice under this section is sufficient authority for an authorized officer to take the child to the place of safety specified in the notice to which he is to be returned pursuant thereto; but the child shall not, under this section, be taken from the care of any person, unless that person, is, or has been, furnished with a copy of the notice.(4) [Section 14 Subsection (4) amended by No. 53 of 1978, s. 12 ]Where, pursuant to a notice under this section, a child is taken to a place of safety other than that specified in the child protection order in force in respect of him he shall be deemed, for the purposes of this Act, to have been transferred to that place of safety.(5) [Section 14 Subsection (5) amended by No. 53 of 1978, s. 12 ]A child shall not be taken to a place of safety under this section after the period of the child protection order in force in respect of him has expired.
15. Supplementary provisions as to taking of children to places of safety
[Section 15 Substituted by No. 53 of 1978, s. 15 ](1) Where, otherwise than as may be permitted by this Act, a child is absent from a place of safety in which, by virtue of an authority subsisting under this Act, he may be detained, any appropriate officer may take the child to that place of safety.(2) [Section 15 Subsection (2) amended by No. 43 of 1990, s. 12 ]Where a person has authority under this Act to take a child to a place of safety and it appears to a justice, on information made by statutory declaration in accordance with the prescribed form, that action has been or will be taken to prevent the child being taken to that place, he may issue a warrant authorizing a police officer to remove the child from any place at which he may be found and take him to that place of safety.
16. Ancillary powers under warrants to take children to places of safety
[Section 16 Substituted by No. 53 of 1978, s. 13 ](1) A warrant issued by a justice under this Act authorizing a police officer to remove a child and take him to a place of safety is sufficient authority for the police officer executing the warrant –(a) to enter, if need be by force, any premises, place, or conveyance where he has reason to believe the child may be found;(b) to search any such premises, place, or conveyance for the child; and(c) if necessary and reasonably practicable, to require any such conveyance to be brought to some convenient place for the purpose of enabling the search to be carried out.(2) In the execution of such a warrant as is referred to in subsection (1) the police officer may be accompanied by a medical practitioner, and by any person who is authorized by this Act to take the child to the place of safety.
17. Duties of responsible authorities and medical practitioners in relation to children subject to the Act
(1) [Section 17 Subsection (1) substituted by No. 29 of 1986, s. 20 ]Where a child has been taken to an assessment centre in pursuance of –(a) a requirement or request under section 9 ; or(b) a child protection order –the responsible authority for that assessment centre shall ensure that, as soon as possible –(c) there is carried out an assessment of the child's case comprising an assessment of the circumstances giving rise to the taking of the child to that assessment centre, together with, as appropriate, either or both of the following:(i) a physical medical examination of the child;(ii) a psychological examination of the child; and(d) a report as to the results of that assessment setting out, in addition, any instructions or recommendations made by the persons by whom the assessment is carried out with respect to the treatment and care of the child is prepared and submitted to the Board.(2) Where a child is subject to a child protection order the responsible medical officer shall, as he may be requested by the Board, submit to the Board a report on the condition of the child and the medical treatment that the child is undergoing.(3) [Section 17 Subsection (3) amended by No. 29 of 1986, s. 20 ]A request made by the Board for the purposes of subsection (2) may be so made through the responsible authority for the assessment centre in which the child is for the time being liable to be detained under the child protection order.
PART IV - [Part IV Heading inserted by No. 29 of 1986, s. 21 ][Part IV Heading amended by No. 31 of 1987, s. 5 ]Miscellaneous
[Section 17A Inserted by No. 29 of 1986, s. 21 ](1) In this section, officer means a person who is, or has been –(a) a member of the Board; or(b) any other person performing duties, or exercising powers or functions, under, or in relation to, this Act.(2) [Section 17A Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ]An officer shall not, directly or indirectly, except in the performance of his duties, or in the exercise of his powers or the performance of his functions, under this Act, make a record of, or disclose or communicate to any person, any information with respect to the affairs of another person acquired by him in the performance of his duties, or in the exercise of his powers or the performance of his functions, under this Act.Penalty: Fine not exceeding 5 penalty units or imprisonment for a term not exceeding 3 months.(3) An officer shall not, except for the purposes of this Act, be required to –(a) produce in a court a document that has come into his possession or under his control in the performance of his duties or functions under this Act; or(b) disclose or communicate to a court any matter or thing that has come under his notice in the performance of any such duties or functions.(4) Notwithstanding subsections (2) and (3) , an officer may disclose any information that has come to his notice or into his possession in the performance of his duties or functions under this Act –(a) to the person to whom the information relates;(b) to a court in connection with proceedings in that court, being –(i) proceedings in respect of the prosecution of a person (including the person to whom the information relates) for an offence in relation to which the information is relevant either with respect to the proof of the commission of the offence or with respect to the level of penalty to be imposed in the event of the conviction of the person charged; or(ii) proceedings arising under the Family Law Act 1975 of the Commonwealth, being proceedings that relate to the welfare or custody of the person to whom the information relates or proceedings to which that person is a party;(c) if the Minister certifies that it is necessary in the public interest that the information should be so disclosed, to such person or court as the Minister directs;(d) to a person who, in the opinion of the Minister, is expressly or impliedly authorized by the person to whom the information relates to obtain it; or(e) subject to the approval of the Minister, to a person who is engaged in a research programme and has given an undertaking in writing to the Minister not to reveal, directly or indirectly, the identity of the individual persons to whom the information relates.(5) Subject to subsection (6) , a person to whom information is disclosed under subsection (4) , and any person or employee under the control of that person, shall, in respect of that information, be subject to the same rights, privileges, obligations, and liabilities under subsections (2) and (3) as if he were a person performing duties under this Act and had acquired the information in the performance of those duties.(6) Nothing in subsection (5) shall prevent the publication, subject to compliance with an undertaking given in accordance with subsection (4) (e) in relation to a research programme, of the results of that research programme.
[Section 17B Inserted by No. 29 of 1986, s. 21 ]In any proceedings by or against, or in the name of, the Board, unless evidence is given to the contrary, no proof shall be required of –(a) the constitution of the Board;(b) any resolution of the Board;(c) the appointment of any member of the Board;(d) the presence of a quorum at any meeting of the Board;(e) the age of any person;(f) the appointment of an authorized officer under section 5 or of a committee under section 6A ;(g) the delegation by the Board to a person of any of its functions;(h) the authorization of a person, under section 6 (4) , to institute and carry on proceedings in the name of the Board or to appear on its behalf;(i) the making, or the revocation, by the Minister of an order under section 7 ; or(j) the giving by the Board of permission under subsection (1) , or a notice under subsection (2) , of section 14 or the making by a medical officer of a recommendation under subsection (1A) of that section.
17C. Obstruction, &c., of persons acting under Act
[Section 17C Inserted by No. 29 of 1986, s. 21 ](1) [Section 17C Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person shall not, without reasonable excuse, obstruct or hinder a person acting in pursuance of a provision of this Act or of an order made, or a direction given, under this Act.Penalty: Fine not exceeding 5 penalty units or imprisonment for a term not exceeding 3 months.(2) [Section 17C Subsection (2) added by No. 43 of 1990, s. 13 ]A police officer may arrest, without warrant, a person whom –has reasonable grounds for believing has committed or is committing an offence under subsection (1) .(a) the police officer; or(b) a person acting in pursuance of a provision of this Act or of an order made, or a direction given, under this Act –
17D. Magistrates to sit as children's courts
[Section 17D Inserted by No. 29 of 1986, s. 21 ] Sections 13 (8) , 17 , and 18 of the Child Welfare Act 1960 apply in relation to the exercise of any power under this Act by a magistrate as if, in the exercise of that power, the magistrate constituted a children's court within the meaning of that Act.
[Section 18 Substituted by No. 31 of 1987, s. 6 ][Section 18 Amended by No. 43 of 1990, s. 14 ](1) Subject to such directions, in writing, as may be given from time to time by the Minister or a person authorized by the Minister to give such directions, the Board may defray, or make contributions towards, the expenses incurred in the conveyance, examination, medical or other treatment, accommodation, or maintenance of a child in consequence of the making of a requirement or order under this Act or in relation to any other action taken under this Act by or on behalf of the Board or any of its committees.(2) [Section 18 Subsection (2) amended by No. 43 of 1990, s. 14 ]The Minister or a person authorized by the Minister under subsection (1) may, from time to time, enter into an agreement, in writing, with a person (including a member of the Board) for the provision by that person of services for the purposes of this Act upon such terms and conditions as are specified in the agreement.
18A. Compensation for authorized officers, &c., injured in course of duty
[Section 18A Inserted by No. 53 of 1978, s. 14 ](1) This section applies to any person who is acting in his capacity as an authorized officer and to any person authorized so to do who is engaged in assisting the Board in the exercise of its functions, and any act done by a person while acting in that capacity or while so engaged is referred to in this section as the performance of a relevant duty.(2) For the purposes of this section a person shall be deemed to be performing a relevant duty while he is travelling from his residence to a place at which he intends to so perform such a duty or is travelling to his residence from a place at which he has performed such a duty or at which he attended for the purpose of performing such a duty.(3) [Section 18A Subsection (3) amended by No. 46 of 1991, s. 4 and Sched. 2 ]Where a person suffers personal injury or disease arising out of and in the course of the performance by him of a relevant duty, or dies as a result of such an injury or disease, and no compensation is payable under the Workers Rehabilitation and Compensation Act 1988 in respect of the injury, disease, or death, then that person is, or, in the case of his death, his dependants (within the meaning of that Act) are, entitled to compensation as provided in this section.(4) [Section 18A Subsection (4) amended by No. 46 of 1991, s. 4 and Sched. 2 ]The compensation payable to any person under this section shall be of such amount as the Governor determines, and in making a determination under this section the Governor shall ensure that, as far as appears to him fair and practicable, it is made in accordance with the rules relating to the calculation of compensation contained in the Workers Rehabilitation and Compensation Act 1988 as if the compensation were compensation payable under that Act.(5) Before a payment of compensation is made under this section, there shall be submitted to the Minister such evidence in support of the claim as he may require.(6) Compensation payable under this section shall be defrayed out of moneys provided by Parliament.
The expenses of the Board shall be defrayed out of the moneys provided by Parliament.
[Section 20 Inserted by No. 43 of 1990, s. 15 ]The Governor may make regulations for the purposes of this Act.
21. Savings and transitional provisions
(1) A declaration under section 7 (1) by virtue of which a hospital or institution was, immediately before the day fixed by proclamation under section 2 (2) of the Child Protection Amendment Act 1986 , a hospital to which this Act applied is to be taken, for the purposes of this Act as amended by the Child Protection Amendment Act 1986 , to be a declaration, made under section 7 (1) as so amended, of that hospital or institution as an assessment centre.(2) Any act, matter or thing done or omitted to be done by the Child Protection Assessment Board before the commencement of the Child Protection Amendment Act 1990 has, on and from that commencement, the same effect as if it had been done or omitted to be done by the Child Protection Board.
SCHEDULE 1[Schedule 1 Repealed by No. 43 of 1990, s. 16 ]