A court order by which proceedings are postponed, interrupted, or continued at a different time or place before the same court.

A written statement made by a person who has sworn or affirmed before a person authorised to administer the oath that the contents of the statement are true. This may be then used to support a position in a court proceedings. The person who signs the affidavit is called the deponent. Under the Act this is to be in Form 25 format.

A solemn declaration that the evidence given is truthful. A person can make an affirmation instead of taking an oath where the person has no religious belief or where it is not reasonably practical to administer an appropriate oath as required by the person's particular faith.

For a reviewable decision under the Act, this means a person stated in Schedule 2 who is affected by the decision. It is a person who has the avenue to have the decision reviewed by the Children Services Tribunal.

An application to a higher court to reconsider or rehear the decision of the lower court on the ground that there has been an error in the decision of the lower court. Available on a question of law only or for mistakes of facts of law

Under the Act:

1. For a decision on an application for a Court Assessment Order or Child Protection Order, or for an order transferring a Child Protection Order or child protection proceeding to a participating state:
   1. if the decision was made by the Childrens Court constituted by a judge - the Court of Appeal
   2. if the decision was made by the Childrens Court constituted in another way - the Childrens Court constituted by a judge.
2. For a decision on an application for a Temporary Assessment Order - the Childrens Court constituted by a judge.

Involves either a Temporary Assessment Order or Court Assessment Order

Means a person holding office as an authorised officer under an appointment under the Child Protection Act.

The standard of proof in a civil matter, including child protection matters. This is the degree to which the court must be satisfied that the applicant has made out his/her case. A fact is proved to be true on the balance of probabilities if its existence is more probable than not.

The duty of one party to make out the case against the other party and to prove to the court that the case has been established. It is for the applicant to prove the facts, which are in dispute. These are often called facts in issue. In child protection matters, the burden of proving a child is in need of a child protection order falls upon the applicant.

1. Means a Child Protection Order under chapter 2, part 4 of the Child Protection Act, including:
   1. an order extending, varying or revoking a child protection order
   2. an interim order under section 67 in relation to a proceeding for a child protection order.
2. For chapter 7, includes an order mentioned in section 201.

An individual under 18 years (as defined in section 8 of the Act).

A child who (as defined in Section 10 of the Act):

1. has suffered harm, is suffering harm, or is at unacceptable risk of suffering harm
2. does not have a parent able and willing to protect the child from the harm.

1. A proceeding under the Child Protection Act for the making, extension, amendment or revocation of a child protection order, or
2. A proceeding under a child welfare law of a participating state for:
   1. the making, extension, amendment or revocation of a child protection order or interim order
   2. if, under that law, the making of a particular finding is a prerequisite to the making of a child protection order - the making of that finding.

The court that may hear and decide a child protection proceeding at first instance.

This is ordered by the court on adjournment of proceedings under section 68 (1)(e) and is a meeting held between the parties that is convened by a chairperson (refer to sections 69-72 of the Act). It is an attempt to decide the matters in dispute or to try to resolve the matters.

An order under chapter 2, part 3 of the Act, and includes:

1. an order extending, varying or revoking a court assessment order
2. an interim order under section 67 in relation to a proceeding for a court assessment order.

The person's criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 and includes a conviction of the person and a charge made against the person for an offence.

Questions addressed to a witness by a party other than the party who called the witness to give evidence. Cross examination takes place after the witness has given his or her evidence in chief. Leading questions are permitted during cross examination.

As defined in Section 12 of the Act, custody means the right to have the child's daily care and the responsibility to make decisions about the child's daily care.

Of a child under a child protection order, means custody of the child for not more than two years.

The person who gives sworn evidence in an affidavit.

Held with respect to Section 8 of the Childrens Court Act 1992. This is a hearing or mention conducted prior to the substantive hearing to determine procedural matters or interlocutory (interim) issues. This could also be known as a 'directions mention'.

A Child Protection Order directing a parent to do or refrain from doing something directly related to the child's protection, or an order directing the parents not to have contact with the child or to have contact only when a stated person or category of person is present.

The history of domestic violence orders made against the person under the Domestic Violence (Family Protection) Act 1989.

The questioning of a witness by the counsel of the party who called that witness. Evidence in chief is given orally. Leading questions on a relevant matter should not be put to a witness being examined in chief without the court's leave.

An application by one side when the other is not, or does not need to be present.

A witness who is an expert in a particular field. This person has skills or qualifications, which allow them to express an opinion in court. The opinions of ordinary witness's are deemed irrelevant. The court decides whether or not a person is an expert.

A meeting held under section 96 of the Act, or a meeting with the family as defined within the department's case management framework.

Legal responsibility for all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children. This includes responsibility for decisions about the child's long-term care. This is defined in Section 13 of the Act.

A proceeding conducted by a court or tribunal with a view to resolving the issues of fact or law, in which oral evidence may be taken and documentary evidence tendered. A hearing may be by way of oral or written submission.

Evidence of fact not actually perceived by a witness with one of their own senses, but stated by another person not called as a witness, with the object of asserting the truth of the contents of the statement.

An order made under section 67 of the Act, on an adjournment of a proceedings for a court assessment order or child protection order. These orders identify the status of the child or make a direction to the parent about contact with the child during the period of the adjournment.

A short statement at the conclusion of an affidavit, setting out the name of the deponent, the signature of the deponent, where and when the affidavit was sworn, the name of the person before whom it was sworn, and the signature and title or description of the person before whom it was sworn.

Appointed in an honorary capacity with authority to issue warrants for search and arrest, admit prisoners to bail and witness certain documents. In limited situations, they may sit in a court depending on the level at which they are appointed.

Authority obtained from a court to take particular action which would not be permissible otherwise.

The conduct of legal proceedings by parties before a court.

Under a Child Protection Order, means guardianship until the child turns 18 years.

A judicial officer with summary jurisdiction (power to hear and determine a case alone, without a jury) in minor criminal and civil matters.

A physical, psychiatric, psychological or dental examination, assessment or procedure, and includes forensic examination and an examination or assessment carried out by a nursing or other health professional.

A preliminary procedure before a court where the matter is 'mentioned' before the judge or magistrate to determine pre-hearing issues. If a matter in court is set for mention, the case will not usually be heard that day.

A state other than a participating state (as it relates to interstate provisions).

A solemn promise to tell the truth calling upon God as one's witness.

This is defined differently in different parts of the Child Protection Act. See sections 11, 23, 37, 52, 205, 242.

A state declared to be a participating state under section 204 of the Act (as it relates to interstate provisions).

To a proceeding on an application for an order for a child , means the child the applicant or a respondent to the application, and includes the chief executive if the application is for a court assessment order made by a police officer.

For an Aboriginal or Torres Strait Islander child, means an entity that, under an agreement between the state and the entity, is the appropriate entity to be consulted about the child's protection.

This relates to the status of the person who is the subject of the application. Between court appearances, the person is remanded by the court to appear at a future court date. A person who is remanded may be released on bail, held in custody, or for a child protection proceedings, an interim order may be made.

A party called upon to answer an application, a petition or an appeal.

Is a decision stated under Schedule 2 of the Act. This is heard by the Children Services Tribunal.

A legal representative appointed by the court on adjournment of a child protection proceedings who acts in the child's best interests and presents the child's views and wishes to the court.

Of a child under a Child Protection Order, means guardianship of the child for not more than two years.

Seeking the leave of the court to have the matter placed 'on hold' for a short period of time (definitely not overnight) with a view to obtaining further information to provide to the court.

An order made by a court preventing an action proceeding further either before or after a determination by a court in respect of that action. The suspension of the proceedings may be temporary or permanent.

This is a document issued by a court ordering a person to attend court and produce information or testify in a case.

A Child Protection Order requiring the chief executive to supervise the child's protection in relation to the stated matters. To give effect to this order, the chief executive can issue administrative directives to the parents directing them to do or refrain from doing something specifically related to the supervision matters stated on the order (refer to Section 78 of the Act).

Means an order under chapter 2, part 2 of the Act, and includes an order extending a Temporary Assessment Order.

The Children Services Tribunal established under the Children Services Tribunal Act 2000.