Child protection legislation by jurisdiction
Jurisdiction | Legislation | Legislation reference | Links |
---|---|---|---|
Commonwealth | Family Law Act 1975 | s67Z and s67ZA | Family Law Act 1975 |
NSW | Children and Young Persons (Care and Protection) Act 1998 | s23 and s27 | Children and Young Persons (Care and Protection) Act 1998 No 157 |
Vic | Children Youth and Families Act 2005 | s182 and s184 | Children, Youth and Families Act 2005 |
Vic | Child Wellbeing and Safety Act 2005 | s26–s39 | Child Wellbeing and Safety Act 2005 |
Qld | Child Protection Act 1999 | s13E–s13J | Child Protection Act 1999 |
WA | Children and Community Services Act 2004 | s124A–124D | Children and Community Services Act 2004 |
WA | Family Court Act 1997 | s159–s161 and s162A(4) | Family Court Act 1997 |
WA | Education and Care Services National Law (WA) Act 2012 | s174(2)–(4) and s174A | Education and Care Services National Law Act 2012 |
SA | Children and Young People (Safety) Act 2017 | s30 and s31 | Children and Young People (Safety) Act 2017 |
Tas | Children, Young Persons and Their Families Act 1997 | s13–s17A | Children, Young Persons and Their Families Act 1997 |
ACT | Children and Young People Act 2008 | s356–s358 | Children and Young People Act 2008 |
NT | Care and Protection of Children Act 2007 | s15, s16 and s26 | Care and Protection of Children Act 2007 |
Legislative definition of 'in need of care and protection'
For a child to be placed under an order, a court needs to determine whether the child is in need of care and/or protection. Each state and territory has legislation defining ‘in need of care and protection’.
Jurisdiction | Legislation | Legislation reference | Link |
---|---|---|---|
NSW | Children and Young Persons (Care and Protection) Act 1998 | s71 | Children and Young Persons (Care and Protection) Act 1998 |
Vic | Children Youth and Families Act 2005 | s162 | Children Youth and Families Act 2005 |
Qld | Child Protection Act 1999 | s8–s11 | Child Protection Act 1999 |
WA | Children and Community Services Act 2004 | s28 | Children and Community Services Act 2004 |
SA | Children and Young People (Safety) Act 2017 | s17, s18 and s50 | Children and Young People (Safety) Act 2017 |
Tas | Children, Young Persons and Their Families Act 1997 | s3, s4, s13(A)(b) and s14(2)(c) | Children, Young Persons and Their Families Act 1997 |
Tas | Family Violence Act 2004 | s4 | Family Violence Act 2004 |
ACT | Children and Young People Act 2008 | s341–s346 | Children and Young People Act 2008 |
NT | Care and Protection of Children Act 2007 | s15, s16 and s20 | Care and Protection of Children Act |