Dictionary
Schedule 4 Dictionary
section 6(1)
another country means a Convention country or a non-Convention country.
Australia includes the external Territories.
central authority of a Convention country means—
if there is one central authority of the Convention country under Article 29 of the Child Protection Convention—the Convention country’s central authority; or
otherwise—the central authority designated, under Article 29 of the Child Protection Convention, as the Convention country’s central authority to which any communication may be addressed for transmission to the appropriate central authority of the Convention country.
child means an individual who is under 18 years.
Child Protection Convention means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children signed at The Hague on 19 October 1996, a copy of the English text of which is set out in schedule 1.
Childrens Court means the Childrens Court established under the Childrens Court Act 1992.
Commonwealth central authority has the meaning given by the Family Law Act 1975 (Cwlth), section 111CA(1).
Editor’s note—
Family Law Act 1975 (Cwlth), section 111CA(1)—
Commonwealth central authority means the Secretary of the Attorney-General’s Department.
competent authority—
in relation to Australia means an entity that has responsibility or authority under the law in force in Australia, or part of Australia, to take measures or make decisions about—
protecting the person of a child; or
appointing or deciding the powers of a guardian of a child’s property; and
in relation to a Convention country means an entity that has responsibility or authority under the law in force in the Convention country to take, or make decisions about, a foreign measure relating to a child; and
in relation to a non-Convention country means an entity that has responsibility or authority under the law in force in the country to take measures or make decisions about—
protecting the person of a child; or
appointing or deciding the powers of a guardian of a child’s property.
Convention country means a country, other than Australia, for which the Child Protection Convention has entered into force.
country of refuge of a child means a country in which the child is present as a refugee child.
entity includes the following—
an individual;
a corporation;
an unincorporated body;
a government authority or body;
a court or tribunal.
external Territory has the meaning given by the Acts Interpretation Act 1901 (Cwlth), section 17.
Editor’s note—
Acts Interpretation Act 1901 (Cwlth), section 17—
External Territory means a Territory, not being an internal Territory, for the government of which as a Territory provision is made by any Act.
foreign measure means—
a foreign personal protection measure; or
a foreign property protection measure.
foreign personal protection measure relating to a child means a measure (within the meaning of the Child Protection Convention) taken by a competent authority of a Convention country for protecting the person of the child.
foreign property protection measure relating to a child means a measure (within the meaning of the Child Protection Convention) taken by a competent authority of a Convention country for appointing, or deciding the powers of, a guardian of the child’s property.
litigation director means the Director of Child Protection Litigation under the Director of Child Protection Litigation Act 2016.
non-Convention country means a country for which the Child Protection Convention has not entered into force.
parental responsibility has the same meaning as in the Child Protection Convention.
public trustee means the public trustee under the Public Trustee Act 1978.
Queensland authority means—
for a Queensland personal protection measure relating to a child—
a Queensland court; or
the department; or
in the case of a Queensland personal protection measure for which the litigation director may perform a function or exercise a power under the Director of Child Protection Litigation Act 2016—the litigation director;
for a Queensland property protection measure—a Queensland court or the public trustee.
Queensland court means—
the Supreme Court; or
the District Court; or
the Childrens Court; or
a Magistrates Court; or
QCAT.
Queensland law means the law in force in Queensland.
Queensland measure means—
a Queensland personal protection measure relating to a child; or
a Queensland property protection measure relating to a child.
Queensland personal protection measure relating to a child means a measure (within the meaning of the Child Protection Convention) under Queensland law that is directed to the protection of the person of the child.
Examples of Queensland personal protection measures—
1 an assessment order or child protection order, within the meaning of the Child Protection Act 1999
2 taking of a child into the chief executive’s custody under the Child Protection Act 1999, section 18
3 a declaration assuming custody or guardianship of a child under the Child Protection Act 1999
4 an order protecting the person of a child made by the Supreme Court exercising its inherent jurisdiction for children, including authorising the performance of a medical procedure on, or treatment of, a child for which a parent does not have authority, under Queensland law, to consent
Queensland property protection measure relating to a child means a measure (within the meaning of the Child Protection Convention) under Queensland law for appointing, or deciding the powers of, a guardian of the child’s property.
refugee child means a child—
who is a refugee; or
who is internationally displaced due to disturbances occurring in his or her country of habitual residence; or
whose country of habitual residence cannot be determined.
registrar, in relation to a Queensland court, means—
if the Queensland court is the Supreme Court—a registrar of the Supreme Court; or
if the Queensland court is the District Court—a registrar, within the meaning of the District Court of Queensland Act 1967, of the court; or
if the Queensland court is the Childrens Court—the person who, under the Childrens Court Act 1992, section 27, holds the same office for the Childrens Court as a registrar of the District Court or the clerk of a Magistrates Court; or
if the Queensland court is a Magistrates Court—the clerk of the court; or
if the Queensland court is QCAT—the principal registrar of QCAT.
This Act’s bill:Explanatory memorandum
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