Last updated 18 July 2016
Before an order ends, the Director of Child Protection Litigation can apply to extend, vary or revoke a child protection order.
A child’s parent (including persons who have custody or guardianship of the child) or the child may also apply to vary or revoke the order before it ends. However, if these people are unsuccessful on the first application, they will need the leave of the court to bring a further application to vary or revoke a child protection order (ss 64–65 Child Protection Act 1999 (Qld) (Child Protection Act)).
A child protection order may only be revoked if the court is satisfied that the order is no longer appropriate and desirable for the child’s protection. The court may have regard to a contravention of the child protection order or the Child Protection Act and, if the application is to revoke a long-term guardianship order, must have regard to the child’s need for emotional security and stability.
Appeals about decisions made by the Childrens Court must be made within 28 days of the decision being made (s 118 Child Protection Act). The court hearing the appeal may extend the period for filing the notice of appeal in certain circumstances.
If the original application was heard by a magistrate, appeals are made to a judge of the Childrens Court of Queensland (usually a District Court judge). If the application was heard by a judge of the Childrens Court, appeals are heard by the Court of Appeal of Queensland.
The court hearing the appeal may stay (put on hold) the decision of the lower court on the reasonable conditions the court considers appropriate until the appeal is decided (s 119 Child Protection Act).
An appeal is usually decided on the evidence and proceedings from the lower court, but may also be heard afresh, in whole or part (s 120 Child Protection Act).