Dictionary
Schedule 3 Dictionary
section 3
adoption compliance certificate means a certificate under article 23 of the Hague convention.
adoption contract worker means a person engaged as an adoption contract worker under section 317.
adoption order means a final adoption order or interim order.
adoption plan means an adoption plan in force under part 8.
adoption proceeding, for part 14A, see section 307A.
adoptive parent means—
for parts 12 and 13, a person who has adopted someone else under the relevant adoption mentioned in that part; or
otherwise, a person who has adopted someone else under a final adoption order.
appellate court means—
for a decision made by the Childrens Court constituted by a judge—the Court of Appeal; or
for a decision made by the Childrens Court constituted in another way—the Childrens Court constituted by a judge.
appropriate Aboriginal or Torres Strait Islander person see section 318.
approved carer, of a child, means an approved carer under the Child Protection Act 1999 in whose care the child has been placed under that Act.
approved form, for a purpose, means the form approved for the purpose under section 326.
biological father, of a child, includes a man presumed to be the child’s father under the Status of Children Act 1978, part 3, division 2.
biological mother, of a child, includes a woman presumed to be the child’s mother under the Status of Children Act 1978, part 3, division 2.
biological parent means a biological father or biological mother.
birth parent of an adopted person—
means a person who was a parent of the adopted person at any time before the adoption, including—
a biological parent of the adopted person; and
someone who was a parent of the adopted person under a previous adoption; and
for part 11, includes a man to the extent provided under section 250.
brother includes a half-brother.
capacity, to consent to an adoption, means capability to—
understand the nature and effect of the adoption; and
freely and voluntarily make decisions about the adoption; and
communicate the decisions in some way.
care agreement, for part 3, division 1, see section 49.
central authority, of a convention country, means the entity designated under article 6 of the Hague convention as the central authority of the country.
charge, of an offence, means a charge in any form, including, for example, the following—
a charge on an arrest;
a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382;
a complaint under the Justices Act 1886;
a charge by a court under the Justices Act 1886, section 42(1A), or another provision of an Act;
an indictment.
chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.
chief executive (transport) means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.
child protection order means a child protection order under the Child Protection Act 1999.
commencement day, for part 16, division 2, see section 330.
Commission for Children Act...
Commonwealth central authority means the Commonwealth Central Authority under the Commonwealth regulation.
Commonwealth regulation means the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cwlth).
competent authority means—
for a convention country—a central authority for the country; or
for a non-convention country—an entity in the country responsible for approving the adoption of children.
concerning matter, for part 11, division 6, see section 284(3)(b).
consent, to an adoption, see section 17.
contact statement see section 269(1).
convention country see section 322.
conviction means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.
country includes a territorial unit or other part of a country.
couple means a person and the person’s spouse.
criminal history, of a person, means—
every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and
every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act.
current expression of interest—
means an expression of interest made by a person if, in relation to the expression of interest—
the chief executive has not yet decided whether to enter the person’s name in the expression of interest register; or
the person’s name is in the expression of interest register or the suitable adoptive parents register; and
includes any changes notified to the chief executive under part 4.
disqualification order means—
an order under the Working with Children Check Act 2000, section 357; or
a disqualification order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, section 13T.
disqualifying offence see the Working with Children Check Act 2000, section 16.
document, for part 11, division 6, see section 279.
domestic violence history, of a person, means the history of domestic violence orders made against the person under the Domestic and Family Violence Protection Act 2012.
exchange, for part 11, division 6, see section 279.
expression of interest register see section 75(1).
father, of a child, means—
if the child has not been adopted—the child’s biological father; or
if the child has been adopted—the child’s current adoptive father.
fertility treatment...
final adoption order means a final adoption order under part 9.
for, the adoption of a child, for part 14, see section 300.
guardian, of a person in relation to a particular matter, means the person’s guardian under the Guardianship and Administration Act 2000, or a corresponding law of another State, for the matter.
Guardianship and Administration Tribunal...
Hague convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, made at the Hague on 29 May 1993, a copy of the English text of which is set out in schedule 1.
harm, to a person, means any detrimental effect of a significant nature on the person’s physical, psychological or emotional wellbeing.
identifies, for part 11, see section 248.
identifying information, for part 11, division 6, see section 279.
imprisonment order—
means either of the following orders—
an order of a court that convicts a person for an offence, if the order includes a penalty that includes imprisonment for the offence, whether wholly or partially suspended;
an intensive correction order under the Penalties and Sentences Act 1992 or an order of another jurisdiction that substantially corresponds to an intensive correction order; but
does not include an order of imprisonment that is imposed as a consequence of a breach of a community service order or probation order within the meaning of the Penalties and Sentences Act 1992.
independent Aboriginal or Torres Strait Islander entity, for an Aboriginal or Torres Strait Islander child, means an entity that—
is an independent Aboriginal or Torres Strait Islander entity for the child under the Child Protection Act 1999, section 11A(1); and
the chief executive is satisfied is an appropriate entity to consult about a matter relating to the child’s adoption.
infertility...
information notice means a notice complying with the QCAT Act, section 157(2).
intercountry adoption means an adoption of a child—
under arrangements, between the chief executive and the competent authority for another country, made while the child is resident in the other country; and
that is effected—
under this Act, after the child is brought to Queensland for the purpose of the adoption; or
under a law of the other country, after which the child is brought to Queensland.
interim order means an interim order under part 9.
investigative information means information decided under part 6, division 10 to be investigative information.
local adoption means an adoption of a child under this Act other than—
an intercountry adoption; or
an adoption under part 9, division 4.
long-term guardian, of a child, see the Child Protection Act 1999, schedule 3.
mailbox service see section 278(1).
member, of a person’s household, includes—
someone who lives in the person’s home; and
an adult who, because of the nature of the adult’s contact with a child who may be adopted by the person and the context in which that contact is likely to happen, may pose an unacceptable risk of harming the child.
money, for part 11, division 6, see section 279.
mother, of a child, means—
if the child has not been adopted—the child’s biological mother; or
if the child has been adopted—the child’s current adoptive mother.
National Health and Medical Research Council means the National Health and Medical Research Council established by the National Health and Medical Research Council Act 1992 (Cwlth).
non-citizen child see the Immigration (Guardianship of Children) Act 1946 (Cwlth), section 4.
non-convention country means a country other than Australia, New Zealand or a convention country.
non-identifying information, for part 11, division 6, see section 279.
notice means written notice.
notice of intention, for part 11, division 6, see section 279.
offender prohibition order means an offender prohibition order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.
parent, of a child, means—
the child’s mother or father; and
anyone else, other than the chief executive (child safety) or a corresponding officer of another jurisdiction, with the right to have the child’s daily care, and the right and responsibility to make decisions about the child’s daily care, under—
a law of the State other than this Act; or
a law of the Commonwealth or another State; or
a court order other than an order under this Act.
Note—
For the narrower definition parent applying to some provisions, see sections 15, 48 and 96.
participant, for part 11, division 6, see section 279.
party—
to an adoption, means the adopted child, the persons who were the child’s parents immediately before the adoption and the child’s adoptive parents; or
to a proposed adoption, means a person who would be a person mentioned in paragraph (a) if the adoption were completed; or
to an adoption plan, means a person who may be a party to the plan under section 166 and who agrees to the plan.
personal history means criminal history, domestic violence history and traffic history.
placement needs, of a child, means the child’s particular needs relating to an adoptive placement, having regard to—
the child’s characteristics; and
the preferences of the child’s parents; and
for an intercountry adoption, the requirements of the competent authority for the country that apply to prospective adoptive parents of children from the country.
police commissioner...
prescribed document, for part 11, see section 252.
prescribed overseas jurisdiction means a jurisdiction prescribed under the Family Law Act 1975 (Cwlth), section 111C(3).
president, for part 14A, see section 307B.
profile, of a person, means the person’s characteristics and preferences relevant to adopting a child.
publish, for part 14, see section 300.
qualified person, for part 2, division 4, see section 27.
recognised entity...
registrar—
for part 14A—see section 307B; or
otherwise—means the registrar under the Births, Deaths and Marriages Registration Act 2023.
registrar...
relative, for part 11, see section 249.
relevant parent, for part 2, division 6, see section 35(1).
repealed Act means the repealed Adoption of Children Act 1964.
review application, for part 14A, see section 307B.
separate representative, for part 14A, see section 307B.
serious offence see the Working with Children Check Act 2000, section 15.
sibling means a brother or sister.
sister includes a half-sister.
suitability report, for part 9, division 4, see section 203.
suitable adoptive parents register see section 102.
support person, for part 14A, see section 307B.
traffic history of a person means the person’s traffic history under the Transport Operations (Road Use Management) Act 1995.
tribunal, for part 14A, see section 307B.
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