Childrens Court Rules 2016

This rule applies if a child protection proceeding is started.

The litigation director must file an affidavit that exhibits the following documents—

an assessment, carried out by the chief executive (child protection), of whether the child the subject of the application is in need of protection and that formed the basis for filing the application, including the outcome of that assessment;

an assessment of the most recent strengths and needs of the child and the child’s parents;

documents relating to the most recently completed family group meeting for the child, including a case plan if a plan was developed at the meeting;

previous applications or orders made for the child under the Child Protection Act, including court assessment orders and temporary assessment orders;

referral to an external agency that provides support to the child’s family, or a member of the child’s family;

any independent assessment or report about the child or a parent of the child;

the child’s birth certificate;

any child protection history report, criminal history, domestic violence history or traffic history of a person relevant to the proceeding.

However, the documents must be filed only if—

the document is in the possession or control of the chief executive (child protection); and

the document is relevant to the proceeding.

The affidavit must be filed—

at the same time as the child protection application is filed; or

if it is not practicable to comply with paragraph (a)—

within the period stated in a practice direction; or

by a day the court directs the document is to be filed; or

if subparagraphs (i) and (ii) do not apply—within 10 business days after the first appearance for the proceeding.

In this rule—