History of child protection

Legislative amendments 2022

The Child Protection Reform and Other Legislation Amendment Act 2022 (the Act) received the Governor's assent on 20 May 2022.

The Act aimed to:

• reinforce children's rights in the legislative framework;
• strengthen children's voices in decisions that affect them;
• improve how we work with First Nations children and families; and
• streamline, clarify and improve the regulation of care.

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Legislative amendments 2021

On 23 March 2021, amendments to the Child Protection Act 1999 were passed in Parliament to enhance the government's approach to permanency for children who require alternative long-term care.

The Child Protection and Other Legislation Amendment Act 2021 delivered the government response to recommendation 6(b) of the findings of the Deputy State Coroner's inquest into the death of Mason Jet Lee.

Amendments in the Act aimed to:

• enhance the approach to permanency under the Child Protection Act 1999;
• clarify that adoption is an option for achieving permanency for children in care, as part of the suite of alternative long-term care options available; and
• clarify the importance of and promote alternative permanency options for children under a child protection order granting long-term guardianship to the Director-General.

Amendments made by the Act commenced on 29 November 2021.

Legislative amendments 2017

A comprehensive review of the Child Protection Act 1999 (the Act) was undertaken between 2015 and 2017, as recommended by the Queensland Child Protection Commission of Inquiry.

The Queensland Parliament passed the Child Protection Reform Amendment Act 2017 to progress priority changes to the Act.

The final stages of these reforms commenced in 2018.

Legislative amendments 2016

The Director of Child Protection Litigation Act 2016 and the Child Protection Reform Amendment Act 2016 together formed the second stage of legislative child protection reforms to improve court processes for child protection matters resulting from the Queensland Child Protection Commission of Inquiry.

These Acts enabled the establishment of a new court work model for the child protection system to commence on 1 July 2016. The model consists of:

• the Office of the Child and Family Official Solicitor within the Department of Child Safety, Seniors and Disability Services; and
• the Office of the Director of Child Protection Litigation, an independent statutory agency within the justice portfolio.

The Child Protection Reform Amendment Act 2016 made amendments to the functions of the Director-General to support establishing of the Office of the Child and Family Official Solicitor and to clarify the roles of our department and other entities in Childrens Court child protection proceedings. The Office of the Child and Family Official Solicitor is responsible for providing child safety staff with early, independent legal advice and the preparation of briefs of evidence for the Office of the Director of Child Protection Litigation.

The Child Protection Reform Amendment Act 2016 also addressed 11 recommendations made by the Commission of Inquiry to improve:

• the way child protection proceedings are heard in the Childrens Court; and
• the quality of information provided to a Court relating to an application for a child protection order.

The Director of Child Protection Litigation Act 2016 established the Office of the Director of Child Protection Litigation to:

• prepare and apply for child protection orders;
• conduct proceedings in the Childrens Court;
• transfer child protection proceedings to another state; and
• conduct appeals in relation to child protection orders or decisions about the transfer of child protection orders.

These reforms intend to strengthen the way in which the justice system deals with child protection matters in Queensland and give children and families a stronger voice in proceedings.

Legislative amendments 2014

On 1 July 2013, the Queensland Child Protection Commission of Inquiry released its final report, Taking Responsibility: A Roadmap for Queensland Child Protection (PDF). The Commission made 121 recommendations aimed at making Queensland the safest place to raise children. A number of recommendations involved legislative reforms.

As part of the first stage of building the new child and family support system in Queensland, 3 child protection reform Acts have commenced.

1. Child Protection Reform Amendment Act 2014.
2. Public Guardian Act 2014.
3. Family and Child Commission Act 2014.

These legislative reforms:

• established a new framework that reduces red tape and bureaucracy, eliminates duplication and uses resources efficiently
• encourage everyone to take responsibility for protecting children
• are driving a fundamental shift in the way government agencies, child safety professionals and community organisations work with vulnerable families and with each other
• enable families and children to be referred to family support services and other secondary services where needed, instead of being investigated.

The Child Protection Reform Amendment Act 2014 amended the Child Protection Act 1999 and other Acts incorporating reforms including:

• Changes to the mandatory reporting requirements clarified when a report must be made to Child Safety about a child. Mandatory reporters includes teachers, police, doctors, nurses and early childhood education and care professionals.
• The definition of when a child is in need of protection is clarified within the Act as 'a child who has suffered or is at risk of significant harm and has no parent willing and able to protect them' from harm. The change provides a clearer guideline on what constitutes significant harm.
• Established a new child death case review process involving an independent and multidisciplinary Child Death Case Review panel reviewing the deaths and serious injuries of children known to child safety.
• Enhanced information sharing provisions allowing prescribed entities to share relevant information with service providers about children and families to help prevent problems from escalating to a point that requires Child Safety intervention.
• Ombudsman to have oversight of child protection system complaints investigated by the relevant department to allow more timely resolution of complaints.
• Changes to the Magistrates Act 1991 to improve the efficiency of Childrens Court matters.

Legislative amendments 2010 - 2011

The Child Protection and Other Acts Amendment Act 2010 made various amendments to:

• support the implementation of the Helping Out Families initiative,
• provide earlier and more effective intervention for at-risk families,
• provided for a new Temporary Custody Order to secure the safety of children in need of protection,
• improve decision-making to promote children's safety and wellbeing; and
• recognise the status of long-term guardians.

Legislative amendments 2004 - 2006

Amendments were made to the Child Protection Act 1999 as a result of the recommendations of the 2004 Crime and Misconduct Commission report on its Inquiry into Abuse of Children in Foster Care.

These changes were implemented in three stages from 2004 to 2006 and dealt with a range of matters including:

• Child Guardian's functions and powers
• Community Visitor Program
• Children Services Tribunal's jurisdiction
• Child death case reviews
• Case planning
• Responses to an unborn child notification
• Mandatory reporting by nurses
• Suspected Child Abuse and Neglect (SCAN) teams
• Information sharing between departments, agencies and non-government organisations
• Assessment and approval of carers.

Further amendments were made after stage 3 of the legislation reforms via the Child Safety (Carers) Amendment Act 2006 to introduce the requirement that carers, and relevant persons associated with licensed residential facilities and shared family care services hold blue cards.

Various laws operated in Queensland in the 19th century to provide for the care of children, usually children whose parents were living in poverty. The Deserted Wives and Children Act 1840 (New South Wales) allowed for maintenance payments, and the Offences Against the Person Act 1861 (United Kingdom) set penalties for child stealing and carnal knowledge or indecent assault of girls younger than 12 years of age. The Industrial and Reformatory Schools Act 1865 (Queensland) set up special schools to educate and care for neglected children and young offenders.

The Orphanages Act 1879 was the first to consolidate legislation that provided for the care of children in Queensland. The Orphanages Act 1879 permitted destitute or deserted children under the age of 12 years to be sent to an orphanage and to remain there until they reached 12 years of age unless boarded out with a 'trustworthy and respectable person' or hired out or apprenticed. A child could be hired out or become an apprentice at 10 years of age. At this time, the state subsidised orphanages in Brisbane, Rockhampton and Townsville, and an inspector of orphanages was appointed. Parents or relatives of children living in these institutions were expected to contribute to their support.

The Guardianship and Custody of Infants Act 1891 provided that if a child was not living with a parent, the child could not be returned to the care of the parent unless the parent was fit to have custody.

The Protection of Children Act 1896 applied to boys under 14 and girls under 16. It made it an offence to ill-treat or neglect a child and gave a court the power to deal with such a child as it saw fit.

The State Children Act 1911 provided for the care of children younger than 13 years of age and established the State Children Department with a director to replace the inspector of orphanages.

It was more than 50 years before the next major piece of child welfare legislation - the Children's Services Act 1965 - replaced the State Children Act 1911, which was replaced by the Child Protection Act 1999.

The Children's Services Act 1965 was designed "to promote and protect the wellbeing of the children and youth of the State through a comprehensive and coordinated program of child and family welfare". The focus was on the protection of children from neglectful acts and behaviour by parents, and protection from unacceptable living conditions. There were some major changes and many minor amendments to the Act, but the child protection provisions remained virtually unchanged for 35 years. By the 1990s, the Children's Services Act 1965 had ceased to reflect child protection practice or policy of the time, or national and international directions in child protection. For example, there was no recognition of sexual or emotional abuse in the Act.

In the 1960s, the response to a child needing 'protection' was most likely to be a removal from their parent's care. 'Neglect' was a frequent reason for removal, and social circumstances such as poverty were responsible for many children coming into state care. Children who came into care generally remained in care until they reached the age of 18 years. Until the early 1980s, it was also considered acceptable for parents to apply voluntarily for their children to be placed under the guardianship of the Director-General. Children could be 'signed into care' administratively with the Director-General formally accepting guardianship.

Development of the Child Protection Act 1999 began in 1993 with the release of the Child Protection Issues Paper and an extensive statewide consultation process. The development process culminated in passage of the legislation in March 1999 and proclamation of the Act in March 2000.