Care and Protection Orders made with no fault threshold. Parental responsibility orders may be made to parents, the Minister, suitable persons and include contact conditions Guardianship orders may be made to a suitable person until age of 18. Contact orders Northern Territory interests of the NT Legal Aid Commission ‘best child are the paramount Care and Protection of Pre-court assistance/rep: No, concern’ Children Act 2007 (NT) other than telephone advice Family has primary responsibility for care of Care and Protection of Duty Lawyer Service: No child and contact Children Amendment Court based assistance/rep: encouraged if child (Permanent Care Orders) Yes removed Act 2015 (NT) Child to be treated in a Post-court assistance/rep: No way that their respect’s Third Parties: Unclear dignity and privacy Child participation to Initiate applications: No extent age and Administrative review: No development enable – separate representation Guidelines: assistance ATSI placement available Respondents in ‘for hierarchy Care and Protection (FACS) Permanency planning proceedings in the Magistrates Grounds for making Court’. protection orders, no fault threshold Queensland wellbeing and Legal Aid QLD ‘safety, best interests of a child Child Protection Act 1999 Pre-court assistance/rep: Yes, are paramount’ (QLD) not subject to the merits test Rights based principles, such as a right to Child Protection Reform Duty Lawyer Service: No child’s safety, maintenance of Amendment Act 2014 (QLD) (although being piloted in 2 family relationships, smaller, regional Courts) explore identity/culture, Court based assistance/rep: Yes, Post-court assistance/rep:
Care and Protection Orders made with no fault threshold. Parental responsibility orders may be made to parents, the Minister, suitable persons and include contact conditions Guardianship orders may be made to a suitable person until age of 18. Contact orders Northern Territory Care and Protection of Children Act 2007 (NT) Care and Protection of Children Amendment (Permanent Care Orders) Act 2015 (NT) ‘best interests of the child are the paramount concern’ Family has primary responsibility for care of child and contact encouraged if child removed Child to be treated in a way that respect’s their dignity and privacy Child participation to extent age and development enable – separate representation ATSI placement hierarchy Permanency planning Grounds for making protection orders, no fault threshold NT Legal Aid Commission Pre-court assistance/rep: No, other than telephone advice Duty Lawyer Service: No Court based assistance/rep: Yes Post-court assistance/rep: No Third Parties: Unclear Initiate applications: No Administrative review: No Guidelines: assistance available ‘for Respondents in Care and Protection (FACS) proceedings in the Magistrates Court’. Queensland Child Protection Act 1999 (QLD) Child Protection Reform Amendment Act 2014 (QLD) ‘safety, wellbeing and best interests of a child are paramount’ Rights based principles, such as a child’s right to safety, maintenance of family relationships, explore identity/culture, Legal Aid QLD Pre-court assistance/rep: Yes, not subject to the merits test Duty Lawyer Service: No (although being piloted in 2 smaller, regional Courts) Court based assistance/rep: Yes, Post-court assistance/rep:
vla-child-protection-review-environmental-scan.docx