Queensland Law Society

Changes to court fees and child protection legislation

Child Protection and Other Acts Amendment Act 2010

CHANGES START MONDAY 29 AUGUST 2011

From Monday 29 August, changes to the Child Protection Act 1999 will come in force with the introduction of the Child Protection and Other Acts Amendment Act 2010. Changes include:

  • the addition of two new types of orders
  • changes in relation to time periods
  • widening the definition of parent
  • changes in the way in which case plans are reviewed
  • change in the test for revocation for a child protection order.

The Society notes that in respect of the new Part 3AA ‘Temporary custody orders’ and slide 2 of the Department of Communities PowerPoint presentation, practitioners should consider the provisions of the part, in particular, s51AE that provides for the making of temporary custody orders.  The relevant test is that the Magistrate may only make a temporary custody order if the child will be at unacceptable risk of suffering harm if the order is not made.  The test does not require the Magistrate “to be satisfied the child is at immediate risk…”.

All practitioners for whom the Act is relevant are strongly encouraged to access:

Fee Increases to the Queensland Courts and State Reporting Bureau

CHANGES START THURSDAY, 1 SEPTEMBER 2011

On 1 September 2011 the Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No. 1) 2011 will commence. The amendments include an increase to the fees charged for Queensland Civil Court Proceedings and State Reporting Bureau services as well as new fee reduction provisions.

It is anticipated that information about the new fee regime and links to the new Court forms will be published on the Court website from Thursday, 1 September 2011.

For more information on either of these issues, please contact Queensland Law Society senior policy solicitor Binny De Saram: