Child protection legislation

The Child Protection Act 1999 (the Act) is the legal framework guiding child protection in Queensland.

The main principle of the Act is that the safety, wellbeing and best interests of a child, both through childhood and for the rest of the child's life, are paramount. Other principles include:

• a child has a right to be protected from harm or risk of harm
• a child's family has the primary responsibility for the child's upbringing, protection and development
• the preferred way of ensuring a child's safety and welfare is through support of the child's family
• if a child does not have a parent who is able and willing to protect the child, the State is responsible for protecting the child
• if a child is removed from the child's family, support should be given to the child and the child's family for the purpose of allowing the child to return to the child's family if the return is in the child's best interests
• if a child does not have a parent able and willing to give the child ongoing protection in the foreseeable future, the child should have long-term alternative care
• where possible a child should be placed in the care of kin and with their siblings
• a child should be able to maintain relationships with the child's parents and kin, if it is appropriate for the child
• a child should be able to know, explore and maintain the child's identity and values, including their cultural, ethnic and religious identity and values
• a child has the right to express the child's views about what is, and is not, in the child's best interests.

The Child Protection Regulation 2023 supports the administration of the Act and provides for various administrative decision making and operational processes under the Act.

The Childrens Court Act 1992 (Qld) establishes the Childrens Court of Queensland a specialised court system for children who commit criminal offences or are involved in child protection matters in Queensland.

The Public Guardian Act 2014 (Qld) establishes the Office of the Public Guardian (OPG) who provide individual advocacy services for vulnerable children and young people and oversees the community visitors program for children in out of home care, youth detention, corrective services and mental facilities.

For more information, visit the Office of the Public Guardian website.

The Family and Child Commission Act 2014 establishes the Queensland Family and Child Commission (QFCC).

The Queensland Family and Child Commission provides systemic leadership, research and oversight of the child protection system in Queensland. The commission, which reports directly to the Attorney-General, also promotes family responsibility and maintains a register of all child deaths in Queensland.

For more information, visit the Queensland Family and Child Commission website.