17. Interstate matters

• 17.1 Interstate matters
• 17.2 Requests from Queensland to another jurisdiction - alerts, notifications and open investigation and assessment
• 17.3 Carer assessment requests to another jurisdiction
• 17.4 Transfer of casework tasks to another jurisdiction
• 17.5 Transferring child protection orders and child protection proceedings from Queensland to another jurisdiction
• 17.6 Locating a non-relative placement in another jurisdiction
• 17.7 Enacting a Queensland warrant in another state or territory
• 17.8 Interstate and New Zealand travel for children on a child protection order
• 17.9 Requests to Queensland from another jurisdiction - alerts, notifications and open investigation and assessments
• 17.10 Carer assessment requests from another jurisdiction
• 17.11 Transfer of casework tasks from another jurisdiction
• 17.12 Transferring child protection orders and child protection proceedings from another jurisdiction to Queensland
• 17.13 Requests from another jurisdiction to locate a non-relative placement in Queensland
• 17.14 Enacting a warrant from another state or territory in Queensland
• Resources

17.12 Transferring child protection orders and child protection proceedings from another jurisdiction to Queensland

Purpose

This procedure outlines the process for receiving the transfer of a child protection order or child protection proceedings from another state, territory or New Zealand (jurisdiction).

Authority

• Child Protection Act 1999, chapter 7, part 3
• Protocol for the Transfer of Child Protection Orders and Proceedings and Interstate Assistance 2007

Introduction

This procedure outlines the process for:

• the administrative transfer of a child protection order;
• the judicial transfer of a child protection order; and
• the transfer of child protection order proceedings to Queensland.

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1. Administrative transfer to Queensland from another jurisdiction

When another jurisdiction requests the administrative transfer of a child protection order to Queensland, for a child subject to a child protection order in their jurisdiction, the ILO will:

• copy and file all incoming and outgoing forms and correspondence;
• ensure a 'Request for Interstate Transfer of Child Protection Order' form (or the requesting state's equivalent) has been completed and signed, and all information and supporting documentation has been provided, including a stamped/signed copy of the interstate child protection order and the original signed consent forms, if applicable;
• refer the matter to the appropriate CSSC and post all relevant documents to the CSSC manager, with an accompanying letter outlining the request and including the originals of the request for transfer and the consents (from the parents, child, carer as applicable)
  as well as the appropriate consent form/declaration for the CSSC manager to sign;
• inform the ILO from the other jurisdiction that the order may not be transferred to Queensland unless the delegated officer gives written consent to the transfer and to the provisions of the order;
• ensure that any tasks arising from the request are completed within a reasonable timeframe;
• liaise with the ILO from the other jurisdiction, or the relevant office, in relation to copies of the file from the other jurisdiction being forwarded to the Queensland CSSC.

The CSSC manager is responsible for the following actions:

• reviewing the request for transfer of the order and liaising with the Queensland ILO, as appropriate;
• ensuring that the carer/s become approved carers in Queensland, before consenting to the transfer of the order. To do this the carer/s and all adult household members must complete the 'Application for Approval - Form 3 (APA)' and either the 'Volunteer foster/kinship carer or adult member blue card application' form or an 'Authorisation to confirm a valid blue card/application for a carer or adult member' form, and the CSSC manager is to forward these to the Central Screening Unit. The interstate carer assessment can form the basis of approval along with the outcome of Queensland personal history checks. However, the CSSC manager must decide whether the interstate assessment is sufficient to approve the carers. If not, a full assessment will have to take place once the CSSC manager is satisfied of the carer applicant's suitability;
• consenting to, or refusing, the transfer of the interstate order;
• giving the required consent in accordance with the Child Protection Act 1999, section 221(2), unless the delegated officer is satisfied that:
  • the order includes a provision that may not be included in an order made under the Child Protection Act 1999, chapter 2, part 4; or
  • the transfer or the provisions of the order would not be in the child's best interests (Note: the ILO would not have forwarded the request to transfer the order if the interstate order was not compatible with an order that can be made under Queensland legislation);
• completing the 'Consent to Transfer of Child Protection Order to Queensland' form, if consenting to the transfer;
• completing the 'Refusal of Transfer of Child Protection Order to Queensland' form, if refusing the transfer;
• returning the original signed forms to the ILO;
• advising the family in writing that the department has consented to the transfer of the order and provide details of a contact person and phone number, using letter 'Transfer of order to Queensland';
• filing and registering the order (Form 37 - Filing of order to transfer an interstate child protection order to Queensland for registration) in the Childrens Court, if satisfied that, under the interstate law:
  • the period for appealing, or applying for review of, the interstate transfer decision relating to the transfer has expired; and
  • that the decision is not subject to appeal.

The CSSC should file the original form for the court and sufficient copies for the department, the parents, the child, the interstate department and the interstate court, so that the registrar can send a stamped copy to the ILO and the interstate court and hand back enough copies for the Queensland department and the family.

The ILO will send this form to the CSSC manager at the appropriate stage in the transfer process.

The CSSC is to ensure that on the filing of the copy, the registrar of the court registers the order and notifies the ILO for the participating state and the registrar of the Childrens Court in that State.

Under the Child Protection Act 1999, section 223, the order is taken to be a child protection order of the Childrens Court in Queensland, made on the day of its registration, except for the purposes of an appeal against the order.

Once an order is made the CSO is responsible for:

• providing the family with a copy of the registration of the order;
• arranging for carer payments to commence from the date that the order was registered in the local court;
• completing the relevant ongoing intervention event case management screens on ICMS; and
• advising the ILO of the date that payments started in Queensland.

Following this, the ILO will:

• advise the other jurisdiction of this date, so that the carer payments in that jurisdiction can cease on this date;
• arrange for a copy of the children's interstate files to be sent to the CSSC.

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2. The judicial transfer of a child protection order to Queensland

Another state or territory may seek the judicial transfer of a child protection order to Queensland if a parent refuses consent to the administrative transfer of the child protection order. In addition, New Zealand transfers its child protection orders to Australia using the judicial, rather than the administrative process.

When another jurisdiction seeks the judicial transfer of a child protection order, the ILO will:

• provide the CSSC with information about the procedures for a judicial transfer to Queensland;
• ensure all appropriate paperwork has been received from the interstate jurisdiction; and
• refer all paperwork to the CSSC manager for consent or refusal to the proposed judicial transfer of the order.

The CSSC will:

• review the request for judicial transfer of the order and liaise with the ILO about the transfer process;
• sign the appropriate forms provided by the ILO at the appropriate stages of the transfer process (the CSSC manager will sign, as the delegated officer);
• return the signed forms to the ILO; and
• arrange for the registration of the order in the nearest Childrens Court, at the appropriate time.

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3. Transfer of child protection order proceedings

Another state or territory may seek the judicial transfer of a child protection order to Queensland if a parent refuses consent to the administrative transfer of the child protection order. In addition, New Zealand transfers its child protection orders to Australia using the judicial, rather than the administrative process.

When another state, territory or New Zealand seeks the judicial transfer of a child protection order, the ILO will:

• provide the CSSC with information about the procedures for a judicial transfer to Queensland;
• ensure all appropriate paperwork has been received from the interstate jurisdiction; and
• refer all paperwork to the CSSC manager for consent or refusal to the proposed judicial transfer of the order.

The CSSC will:

• review the request for judicial transfer of the order and liaise with the ILO about the transfer process;
• sign the appropriate forms provided by the ILO at the appropriate stages of the transfer process (the CSSC manager will sign, as the delegated officer);
• return the signed forms to the ILO; and
• arrange for the registration of the order in the nearest Childrens Court, at the appropriate time.

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Forms

The following forms are available from the Queensland ILO at Court Services Unit:

• Consent to Transfer of Child Protection Order to Queensland
• Form 37 - Filing of order to transfer an interstate child protection order to Queensland for registration
• Transfer summary sheet - Transfer of Child Protection Proceedings to Queensland from all Australian states and New Zealand

	Transfer of order to Queensland (Word 24 KB) Transfer summary sheet - Administrative and Judicial Transfer of a child protection order to Queensland from another State or New Zealand (Word 36 KB)

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