Last updated 12 July 2022

A child is defined within the Child Protection Act 1999 (Qld) (Child Protection Act) as an individual under 18 years of age (s 8 Child Protection Act).

Harm to a child is any detrimental effect of a significant nature on their physical, psychological or emotional wellbeing, irrespective of how the harm is caused. Harm can be caused by physical, psychological or emotional abuse or neglect, or sexual abuse or exploitation. Harm can be caused by a single act, omission or circumstance, or a series or combination of acts, omissions or circumstances (s 9 Child Protection Act). 

The central concept of the Child Protection Act is whether a child is in need of protection (s 10 Child Protection Act). This is established when a child: 

  • has suffered significant harm, is suffering significant harm or is at an unacceptable risk of suffering significant harm
  • does not have a parent able and willing to protect them from harm. 

A parent is broadly defined for most parts of the Child Protection Act as the child’s mother, father or someone else (other than the Department of Children, Youth Justice and Multicultural Affairs (Child Safety)) having or exercising parental responsibility for the child. However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child under the Act. A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child, and a parent of a Torres Strait Islander child includes a person who, under Islander custom, is regarded as a parent of the child (s 11 Child Protection Act).

If Child Safety or another person has custody of a child under the Child Protection Act, they have the right to have the child’s daily care and the right and responsibility to make decisions about the child’s daily care (s 12 Child Protection Act).

If Child Safety or another person has guardianship of a child under the Child Protection Act, they have the right to have the child’s daily care and the right and responsibility to make decisions about the child’s daily care, and all the powers, rights and responsibilities in relation to the child that would otherwise have been vested in the person having parental responsibility for making decisions about the long-term care, wellbeing and development of the child (s 13 Child Protection Act).