17.8 Interstate and New Zealand travel for children on a child protection order
Purpose
This procedure outlines the process for obtaining consent for a child subject to a Queensland child protection order granting custody or guardianship to a person other than the child's parents, to travel to another state, territory or New Zealand (jurisdiction).
Introduction
When a proposal is made to place a child subject to a Queensland child protection order in another jurisdiction on a long-term basis or for a child to visit an interstate jurisdiction for the purpose of family contact (excluding day trips), the CSO must obtain the appropriate consent for the child to travel.
Consent for travel within Australia
Taking into consideration the views of the child and their family, carers, CSOs or team leaders can make the following daily care decisions:
- travel within the state that does not conflict with agreed family contact arrangements or the case plan; and
- day trips interstate.
The following decisions/consents must be provided by the guardian:
- travel that conflicts with family contact arrangements or the case plan; and
- interstate travel (excluding day trips).
Where a child is in the guardianship of the chief executive, a CSSC manager may provide consent for these decisions, with the exception of interstate travel for a child via air, in which case a zonal director must provide consent.
Where a child remains in the guardianship of his or her parents, both parents must provide consent for these decisions. Where the parents cannot reach agreement on the issue of consent, the department will attempt to facilitate agreement between the parents. If this cannot be achieved, the matter requiring the guardians' consent cannot be progressed. The department can only act on the consent of one parent where all reasonable attempts to locate and consult with the other parent have been unsuccessful. Where it becomes apparent there is a pattern of conflict between parents relating to guardianship decisions, the CSO will review whether a child protection order granting guardianship of the child to the chief executive may be a more appropriate order for meeting the child's protection and care needs.
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Consent for travel to New Zealand
The consent of the guardian is required for a child to travel overseas. Under the Australian Passports Act 2005, the consent for a child to travel overseas requires all person/s that have parental responsibility for the child to sign the application for the child's passport. When the child is subject to a child protection order granting guardianship to the chief executive, the zonal director must provide the appropriate consent on behalf of the chief executive, and all person/s who would otherwise have parental responsibility must also provide written consent (by signing the passport application).
In circumstances where either or both parents decline to sign relevant documents, or are, for some reason unable to sign, the CSO is to discuss the matter with their team leader who may seek advice from Legal Services Branch.
The Director-General must approve any costs associated with overseas travel and the Minister must be advised of the child's overseas travel, whether or not (departmental) financial assistance is required to support the travel. This advice will be provided as follows:
- the CSO will complete the appropriate travel memorandum, 'Overseas travel (child)' and/or 'Overseas travel (staff)' and the 'Overseas Travel Approval' form in accordance with the department's 'Financial Delegations Manual', and forward it to the CSSC manager;
- the CSSC manager will forward the memorandum for the zonal director's approval; and
- a scanned copy of the approved documentation must be emailed to the Government and Executive Services Branch for forwarding to the Director-General and Minister.
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- Last updated
- 30 June 2007
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