17.1 Interstate matters
Purpose
This procedure outlines an overview of child protection matters associated with other states, territories and New Zealand (jurisdictions).
Authority
- Protocol for the Transfer of Child Protection Orders and Proceedings and Interstate Assistance 2007
- Interstate Child Protection Warrants Protocol (21 March 2002)
Introduction
The Child Protection Act 1999 provides for the transfer of orders and proceedings between Queensland and other states and territories and between Queensland and New Zealand. The 'Protocol for the transfer of child protection orders and proceedings and interstate assistance 2007'
(the Protocol), supports the legislation and provides some guidelines for the transfer of case work and the transfer of orders and proceedings.
The direct referral of matters to and from another jurisdiction
All requests to another jurisdiction (with the exception of child protection history checks) must be directed through the ILO at Court Services Unit.
Conversely, except for notifications from another jurisdiction, CSSC staff are not to act on a request (for example, a request for a carer assessment) received directly from another jurisdiction, unless the request has been forwarded directly by the ILO from Court Services Unit.
Background
Following the signing of the Protocol in 1999, each Australian state and territory and New Zealand was required to amend existing child protection legislation within their own jurisdiction validating the Protocol and reflecting its guidelines. New Zealand and all of the Australian states and territories, with the exception of New South Wales, have passed such amendments to their legislation. These states and territories are referred to as 'participating states'. New South Wales is yet to amend its legislation and is referred to as a 'non-participating state'. The Child Protection Act 1999, Chapter 7, outlines the different processes for participating and non-participating states in relation to the transfer of child protection orders across jurisdictions. Most child protection orders can be transferred across all the jurisdictions, with the exception of New South Wales. Only guardianship orders can be transferred administratively between Queensland and New South Wales. Child protection orders cannot be judicially transferred between Queensland and New South Wales, and child protection proceedings cannot be transferred between Queensland and New South Wales.
The Protocol was signed in 1999, and is in the process of being formally reviewed. As the Protocol is broad in its coverage, the states, territories and New Zealand have negotiated practices and procedures in support of the protocol, for example, timeframes for the completion of carer assessments and responsibility for payment when an assessment is contracted to a private practitioner, to allow for interstate co-operation within the intent of the Protocol.
Recovery of children under the interstate warrants protocol
The Child Protection Act 1999, section 171, allows for the recovery of children who have been unlawfully removed from Queensland. The 'Interstate child protection warrants protocol (21 March 2002)' (Warrants Protocol) has been signed by all Australian states and territories. It supports the Queensland legislation and provides some guidelines for the recovery from interstate of children subject to Queensland orders. Interstate jurisdictions are guided by their own legislation as to their implementation of the 'Warrants Protocol' to recover children from Queensland.
Relevant forms and templates referred to in the following procedures can be accessed by contacting the Queensland ILO at Court Services Unit by telephone on (07) 3235 9859.
Assessment
Children are not to be placed in another jurisdiction unless an appropriate assessment of the carer has been conducted. The carer for a child subject to a Queensland child protection order, but living in another jurisdiction, must meet all the requirements for approval of carers in Queensland (including personal history checks and blue card). Carer assessment requests are to be directed to the Queensland ILO who will negotiate with the ILO in the other jurisdiction.
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Alternatively, carers living in Queensland but caring for a child subject to a child protection order in another jurisdiction, do not have to meet Queensland carer requirements, until the other jurisdiction is requesting that the order be transferred to Queensland.
Completion of urgent carer assessments - payment responsibility and timeframes
When a CSSC has requested that a carer assessment be completed urgently, and requires the report sooner than the agreed timeframe, the receiving jurisdiction can contract the assessment to a private practitioner. The CSSC will be responsible for payment to the private practitioner.
If another jurisdiction can not complete the assessment within the agreed timeframe, and the CSSC is not requesting an urgent assessment, the other jurisdiction will be responsible for payment if it chooses to contract the assessment to a private practitioner.
Similarly, if another jurisdiction is requesting an urgent assessment, it will be responsible for payment to the private practitioner. If the other jurisdiction is not requiring an urgent assessment, but the CSSC cannot complete the assessment within the agreed timeframe and chooses to contract it to a private practitioner, then the CSSC is responsible for payment to the private practitioner.
The ILOs have agreed that six to eight weeks after the CSSC or area office in the other jurisdiction has received the request for assessment is an acceptable timeframe for its completion.
All interstate, territory and New Zealand child protection history checks are handled by DMS (telephone (07) 3235 9918), not the ILOs. Requests for these checks are to be emailed to CPIS_Checks. Other jurisdictions may have limitations on the child protection information they are allowed to release to this department.
Financial responsibility
Placing a child in another jurisdiction does not remove the responsibility of the CSSC for case management, placement arrangements and financial costs. Should a placement in another jurisdiction fail, the CSSC with case responsibility remains responsible for the child, including returning the child to that jurisdiction, if the other jurisdiction cannot locate a suitable placement for the child.
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- Last updated
- 23 April 2009
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