Children and Community Services Act 2004

Children and Community Services Regulations 2006

 

 

 

Reprinted under the Reprints Act 1984 as

at 8 April 2011

Children and Community Services Regulations 2006

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

Part 2 — Children in the CEO’s care

4.Approval of carers (Act s. 79(2)(a)(i))2

5.Records, prescribed information for (Act s. 128)3

Part 3 — Restraint, search and seizure

6.Prescribed amount (Act s. 112 “disposable article”)5

7.Restraint of child under Act s. 114, officer’s duties after5

8.Articles seized under Act s. 116, dealing with5

Part 4AA  Warrants

9AA.Form of warrant (access) (Act s. 121(1))6

9AB.Form of warrant (apprehension) (Act s. 122(1))6

9AC.Form of warrant (provisional protection and care) (Act s. 123(1))6

Part 4 — Pre‑hearing conferences

9.Terms used7

10.Convenors, appointment of (Act s. 136)7

11.Terms and conditions of convenors’ appointments7

12.Resignation by convenor7

13.Removing convenor from office8

14.People who may attend pre‑hearing conference8

15.Participation using video link, audio link etc.8

Part 5A  Parentage testing procedures and reports

Division 1 — General

16A.Terms used9

16B.Parentage testing procedures (Act s. 136A)10

16C.Compliance with regulations10

Division 2 — Collection, storage and testing of samples

16D.Bodily samples, who may take11

16E.Information about donor to be given before bodily sample taken11

16F.Blood samples, taking of12

16G.Bodily samples for DNA typing, taking of13

16H.Bodily samples, procedure for dealing with immediately after taking13

16I.Sampler’s duties after taking bodily sample14

16J.Packing, storing and transporting bodily samples for testing15

16K.Time for testing bodily samples15

Division 3 — Reports

16L.Reports of testing (Act s. 136H(b))16

Part 5 — Reports about child

16.Terms used17

17.Appointing people to provide reports (Act s. 139)17

18.President to establish panel17

19.Terms and conditions of appointment under Act s. 13917

20.Costs of report18

Part 6 — Miscellaneous

20A.Prescribed authorities (Act s. 24A(1))19

21.Special guardians, payments to (Act s. 65)20

21A.Work prescribed (Act s. 191(4))20

Part 7 — Transitional arrangements

24.Term used: commencement day21

29.Certain children in care as at 1 Mar 200621

Schedule 1 — Forms

1.Warrant (access)22

2.Warrant (apprehension)24

3.Warrant (provisional protection and care)26

4.Parentage testing procedure28

5.Parentage testing procedure31

6.Parentage testing procedure report32

Notes

Compilation table36

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 8 April 2011

Children and Community Services Act 2004

Children and Community Services Regulations 2006

Part 1  Preliminary

1.Citation

These regulations are the Children and Community Services Regulations 2006 1.

2.Commencement

These regulations come into operation on the day on which section 250 comes into operation 1.

3.Terms used

In these regulations, unless the contrary intention appears —

President means the President of the Children’s Court;

section means a section of the Act.

Part 2  Children in the CEO’s care

4.Approval of carers (Act s. 79(2)(a)(i))

(1)The CEO may approve an individual for the purposes of section 79(2)(a)(i) if —

(a)the CEO is satisfied that the individual —

(i)is able to provide care for a child in a way that promotes the wellbeing of the child, promotes the child’s family and interpersonal relationships, and protects the child from harm; and

(ii)is able to provide a safe living environment for a child; and

(iii)is able to work cooperatively with officers, a child’s family and other people when providing care for a child; and

(iv)is able to take responsibility for the development of his or her competency and skills as a carer; and

(v)is a person of good character and repute;

and

(b)a negative notice or an interim negative notice has not been issued to the individual under the Working with Children (Criminal Record Checking) Act 2004.

(2)The CEO may, subject to subregulation (3), revoke an approval under subregulation (1) if —

(a)the CEO can no longer be satisfied as to a matter referred to in subregulation (1)(a) in relation to the individual; or

(b)a negative notice or an interim negative notice has been issued to the individual under the Working with Children (Criminal Record Checking) Act 2004; or

(c)there are reasonable grounds for believing that the approval was obtained improperly.

(3)Before revoking an approval the CEO must —

(a)give a written notice to the individual —

(i)stating the reasons for the proposed revocation; and

(ii)informing the individual that the individual is entitled to make representations to the CEO in respect of the proposed revocation within 28 days after receipt of the notice;

and

(b)have regard to any representations made within the period referred to in paragraph (a)(ii).

5.Records, prescribed information for (Act s. 128)

(1)The following information is prescribed for the purposes of section 128 —

(a)the child’s name;

(b)the child’s date of birth and place of birth to the extent that such information is available;

(c)a copy of the child’s care plan or provisional care plan and any modifications to it;

(d)information about the child’s health, including a copy of any medical records and immunisation records —

(i)relating to the period in which the child is in the CEO’s care; or

(ii)otherwise provided to the CEO;

(e)information about the child’s education, including a copy of any school reports —

(i)relating to the period in which the child is in the CEO’s care; or

(ii)otherwise provided to the CEO;

(f)information about the child’s cultural, ethnic, religious and family background to the extent that such information is available;

(g)any other information considered by the CEO to be relevant to the child.

(2)In subregulation (1)(c) —

care plan has the meaning given to that term in section 89(1);

provisional care plan has the meaning given to that term in section 39(1).

Part 3  Restraint, search and seizure

6.Prescribed amount (Act s. 112 “disposable article”)

For the purposes of paragraph (c) of the definition of disposable article in section 112 the amount of $30 is prescribed.

7.Restraint of child under Act s. 114, officer’s duties after

An authorised officer who restrains a child in the exercise of the power conferred by section 114 (the incident) must —

(a)record the date and time of the incident; and

(b)give the CEO a written report on the incident as soon as practicable after it occurs.

8.Articles seized under Act s. 116, dealing with

(1)In this regulation —

seized article means a thing or substance seized under section 116.

(2)This regulation applies if it is not reasonably practicable for an officer to return a seized article to a child.

(3)The CEO may direct that the seized article be sold or destroyed or disposed of in some other way.

(4)If the CEO issues a direction under subregulation (3), the officer must arrange for the sale, destruction or disposal of the seized article in accordance with the direction.

(5)If the seized article is sold, the proceeds of the sale, after the deduction of the reasonable costs of the sale, must be credited to the Consolidated Account 2.

Part 4AA  Warrants

Heading inserted in Gazette 19 Jun 2009 p. 2226.]

9AA.Form of warrant (access) (Act s. 121(1))

A warrant (access) as defined in section 121(1) is to be in the form of Schedule 1 Form 1.

[Regulation 9AA inserted in Gazette 19 Jun 2009 p. 2226.]

9AB.Form of warrant (apprehension) (Act s. 122(1))

A warrant (apprehension) as defined in section 122(1) is to be in the form of Schedule 1 Form 2.

[Regulation 9AB inserted in Gazette 19 Jun 2009 p. 2226.]

9AC.Form of warrant (provisional protection and care) (Act s. 123(1))

A warrant (provisional protection and care) as defined in section 123(1) is to be in the form of Schedule 1 Form 3.

[Regulation 9AC inserted in Gazette 19 Jun 2009 p. 2226.]

[Part 4A (r. 9A) deleted in Gazette 18 Jan 2011 p. 145.]

Part 4  Pre‑hearing conferences

9.Terms used

In this Part —

audio link means facilities, including telephones, that enable, at the same time, the convenor and other people present at a pre‑hearing conference to hear a person at another place and vice versa;

video link means facilities that enable, at the same time, the convenor and other people present at a pre‑hearing conference to see and hear a person at another place and vice versa.

10.Convenors, appointment of (Act s. 136)

For the purposes of section 136 the President may appoint as a convenor —

(a)a person by virtue of the office or position held by the person in the Court; or

(b)a person who, in the opinion of the President, has appropriate qualifications and experience.

11.Terms and conditions of convenors’ appointments

(1)A convenor appointed under regulation 10(b) holds office for the period, not exceeding 3 years, specified in his or her instrument of appointment and is eligible for reappointment.

(2)The remuneration, allowances, and other terms and conditions of appointment, of a convenor appointed under regulation 10(b) are as described in his or her instrument of appointment.

12.Resignation by convenor

A convenor appointed under regulation 10(b) may resign from office by giving the President a signed letter of resignation.

13.Removing convenor from office

The President may remove a convenor appointed under regulation 10(b) from office at any time.

14.People who may attend pre‑hearing conference

(1)The following people may attend a pre‑hearing conference —

(a)the child unless the convenor of the conference otherwise directs;

(b)any other party to the protection proceedings;

(c)a legal representative of a party to the protection proceedings;

(d)a person allowed to attend under subregulation (2).

(2)The convenor of a pre‑hearing conference may allow a person to attend the conference if the convenor considers that the person is significant in the child’s life.

15.Participation using video link, audio link etc.

The convenor of a pre‑hearing conference must, if directed by the Court to do so, and may, in any other case, allow a person who is unable to attend the pre‑hearing conference in person to participate in the conference by means of video link, audio link or other electronic means.

Part 5A  Parentage testing procedures and reports

[Heading inserted in Gazette 28 Jan 2011 p. 243.]

Division 1 — General

[Heading inserted in Gazette 28 Jan 2011 p. 243.]

16A.Terms used

In this Part —

bodily sample is not limited to a sample of blood;

donor means a person required to provide a bodily sample for the purposes of a parentage testing procedure;

guardian, in relation to a represented person, means a person appointed as a guardian of the person under the Guardianship and Administration Act 1990 section 43;

HLA means human leucocyte antigen;

medical practitioner means a person registered under the Health Practitioner Regulation National Law ( Western Australia ) in the medical profession;

NATA means the National Association of Testing Authorities, Australia ;

nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory;

report means a report in accordance with regulation 16L;

represented person means a person in respect of whom a guardianship order made under the Guardianship and Administration Act 1990 is in force;

responsible person, for a child, means —

(a)if the child is in provisional protection and care, or is the subject of a protection order (time limited) or protection order (until 18), the CEO or a person nominated by the CEO;

(b)otherwise —

(i)a person responsible for the long term care, welfare and development of the child; or

(ii)a person nominated by the Court for the purposes of this Part;

sample means a sample taken from a donor for the purposes of a parentage testing procedure;

sampler means a person who takes a bodily sample from a donor for the purposes of a parentage testing procedure;

testing means the implementation, or any part of the implementation, of a parentage testing procedure.

[Regulation 16A inserted in Gazette 28 Jan 2011 p. 243-4.]

16B.Parentage testing procedures (Act s. 136A)

For the purposes of the definition of parentage testing procedure in section 136A, the following medical procedures are prescribed —

(a)red cell antigen blood grouping;

(b)red cell enzyme blood grouping;

(c)HLA tissue typing;

(d)testing for serum markers;

(e)DNA typing.

[Regulation 16B inserted in Gazette 28 Jan 2011 p. 244.]

16C.Compliance with regulations

A parentage testing procedure is taken to be carried out in accordance with these regulations if —

(a)it is carried out —

(i)in compliance with Division 2; and

(ii)at a laboratory that is accredited by NATA for the purpose of carrying out parentage testing procedures; and

(iii)in accordance with standards of practice that entitle the laboratory to be so accredited;

and

(b)a report for the procedure is prepared.

[Regulation 16C inserted in Gazette 28 Jan 2011 p. 245.]

Division 2 — Collection, storage and testing of samples

[Heading inserted in Gazette 28 Jan 2011 p. 245.]

16D.Bodily samples, who may take

A person must not take a bodily sample from a donor for the purposes of a parentage testing procedure unless —

(a)the person is a medical practitioner; or

(b)the person is employed by a hospital, a pathology practice, a parentage testing practice or a medical practitioner for the purpose of taking a bodily sample from a donor.

[Regulation 16D inserted in Gazette 28 Jan 2011 p. 245.]

16E.Information about donor to be given before bodily sample taken

(1)A sampler must not take a bodily sample from a donor unless the donor or, if subregulation (3) applies, a person who, under subregulation (3) can complete an affidavit, has —

(a)immediately before the sampler takes the bodily sample, completed an affidavit in the form of Schedule 1 Form 4, to which is attached a recent photograph of the donor named in the affidavit; and

(b)either —

(i)provided to the sampler a recent photograph of the donor, measuring approximately 45 mm by 35 mm, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or

(ii)made a written arrangement with the sampler for a photograph of that kind to be taken.

(2)The photograph required by subregulation (1)(b) is in addition to the photograph that is required to be attached to Form 4.

(3)If the donor is a child or a represented person the affidavit referred to in subregulation (1)(a) may be completed only by —

(a)in the case of a child, a person who is a responsible person for the child; or

(b)in the case of a represented person, a person who is a guardian of the represented person.

[Regulation 16E inserted in Gazette 28 Jan 2011 p. 245-6.]

16F.Blood samples, taking of

(1)A sampler may take a sample of blood from a donor only with a needle or syringe that —

(a)has not been used for any purpose; and

(b)has been sterilised; and

(c)is disposable.

(2)Before taking a sample of blood from a donor, the sampler must ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.

[Regulation 16F inserted in Gazette 28 Jan 2011 p. 246.]

16G.Bodily samples for DNA typing, taking of

(1)This regulation applies to the taking of a bodily sample other than a sample of blood from a donor for the purposes of a parentage testing procedure that is DNA typing.

(2)A sampler must not take a bodily sample from a donor with a swab unless the swab —

(a)has not been used for any purpose; and

(b)has been sterilised.

(3)If the bodily sample to be taken from a donor is a skin scraping or a hair root, the implement used by the sampler to take the sample must have been sterilised before use.

[Regulation 16G inserted in Gazette 28 Jan 2011 p. 246.]

16H.Bodily samples, procedure for dealing with immediately after taking

(1)If a bodily sample is taken from a donor the sampler must ensure that —

(a)the sample is placed in a container —

(i)immediately after it is taken; and

(ii)in the presence of the donor;

and

(b)the container has not previously been used for any purpose; and

(c)the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container; and

(d)the container is labelled in a way that —

(i)if the label, or any part of the label, were removed; or

(ii)if writing on the label were impaired by alteration or erasure,

the removal of the label, or the impairment, would be evident on inspection of the container; and

(e)the particulars on the label are inscribed in ink and include —

(i)the full name of the donor; and

(ii)the date of birth and the sex of the donor; and

(iii)the date and time at which the sample was taken;

and

(f)when paragraph (e) is complied with, the sampler and the donor sign the label, in ink.

(2)If the donor is a child —

(a)the procedure specified in subregulation (1)(a) must be completed in the presence of a person who is a responsible person for the child; and

(b)the procedure specified in subregulation (1)(f) is taken to be satisfied only if a person who is a responsible person for the child signs the label.

(3)If the donor is a represented person —

(a)the procedure specified in subregulation (1)(a) must be completed in the presence of a person who is a guardian of the represented person; and

(b)the procedure specified in subregulation (1)(f) is taken to be complied with only if the label is signed by a person who is a guardian of the represented person.

[Regulation 16H inserted in Gazette 28 Jan 2011 p. 246-7.]

16I.Sampler’s duties after taking bodily sample

After taking a bodily sample from a donor, the sampler must —

(a)complete a statement in the form of Schedule 1 Form 5; and

(b)affix the photograph of the donor referred to in regulation 16E(1)(b) to the statement; and

(c)sign his or her name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.

[Regulation 16I inserted in Gazette 28 Jan 2011 p. 247-8.]

16J.Packing, storing and transporting bodily samples for testing

(1)A bodily sample must be packed, stored and transported to a laboratory for testing in a manner that —

(a)will preserve the integrity of the sample; and

(b)ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.

(2)The sampler must ensure that the following documents are sent to the laboratory with the sample —

(a)the affidavit completed under regulation 16E(1)(a);

(b)the statement completed under regulation 16I.

[Regulation 16J inserted in Gazette 28 Jan 2011 p. 248.]

16K.Time for testing bodily samples

(1)A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed —

(a)if the proposed procedure is red cell antigen blood grouping, red cell enzyme blood grouping or testing for serum markers, within 6 days after the sample is taken; or

(b)if the proposed procedure is HLA tissue typing, within 3 days after the sample is taken; or

(c)if the proposed procedure is DNA typing, within a reasonable time after the sample is taken.

(2)If the proposed procedure is red cell enzyme blood grouping or testing for serum markers, subregulation (1)(a) is complied with if a dried sample of the bodily sample to be tested is prepared within 6 days after the sample is taken from the donor.

[Regulation 16K inserted in Gazette 28 Jan 2011 p. 248.]

Division 3 — Reports

[Heading inserted in Gazette 28 Jan 2011 p. 248.]

16L.Reports of testing (Act s. 136H(b))

(1)For the purposes of section 136H(b) a report must be prepared, in accordance with this regulation, relating to the information obtained as a result of carrying out a parentage testing procedure.

(2)The report must be in the form of Schedule 1 Form 6.

(3)Part I of the report must be completed by the nominated reporter identified in the report.

(4)Part II of the report must be completed by —

(a)the person who carried out the parentage testing procedure; or

(b)the person under whose supervision the parentage testing procedure was carried out.

(5)A report completed otherwise than in accordance with this regulation is taken to be of no effect.

[Regulation 16L inserted in Gazette 28 Jan 2011 p. 248-9.]

Part 5  Reports about child

16.Terms used

In this Part —

panel means the panel of names referred to in regulation 18(1);

report has the meaning given to that term in section 138.

17.Appointing people to provide reports (Act s. 139)

(1)Unless subregulation (2) applies, a person referred to in section 139(1) is to be appointed from the panel.

(2)If the Court considers that a report is required from a person with particular qualifications or experience and such a person is not on the panel, the Court may appoint for the purposes of section 139 a person who, in the opinion of the Court, has the necessary qualifications or experience.

18.President to establish panel

(1)The President must establish and maintain a panel of names of people who —

(a)in the opinion of the President have appropriate qualifications and experience in one or more of the fields of medicine, psychology, psychiatry and social work; and

(b)are willing to be appointed for the purposes of section 139.

(2)The President may remove the name of a person from the panel at any time.

19.Terms and conditions of appointment under Act s. 139

The remuneration, allowances, and other terms and conditions of appointment, of a person appointed for the purposes of section 139 are as described in his or her instrument of appointment.

20.Costs of report

(1)A party to protection proceedings is to pay the costs of a report given in those proceedings if the Court so orders.

(2)The Court must not make an order under subregulation (1) unless it is satisfied that there are exceptional reasons for doing so.

Part 6  Miscellaneous

20A.Prescribed authorities (Act s. 24A(1))

The following agencies are prescribed for the purposes of the definition of prescribed authority in section 24A(1) —

(a)the department of the Public Service principally assisting in the administration of the Aboriginal Heritage Act 1972;

(b)the department of the Public Service principally assisting in the administration of the Births, Deaths and Marriages Registration Act 1998;

(c)the department of the Public Service principally assisting in the administration of the Child Care Services Act 2007;

(d)the department of the Public Service principally assisting in the administration of the Health Legislation Administration Act 1984;

(e)the department of the Public Service principally assisting in the administration of the Higher Education Act 2004;

(f)the department of the Public Service principally assisting in the administration of the Housing Act 1980;

(g)the department of the Public Service principally assisting in the administration of the Prisons Act 1981;

(h)the department of the Public Service principally assisting in the administration of the School Education Act 1999;

(i)the department of the Public Service designated as the Mental Health Commission;

(j)the department of the Public Service designated as the Police Service;

(k)the Disability Services Commission referred to in the Disability Services Act 1993 section 6;

(l)the Western Australian Alcohol and Drug Authority established under the Alcohol and Drug Authority Act 1974 section 5(1);

(m)each board within the meaning of that term in the Hospitals and Health Services Act 1927 section 2(1).

[Regulation 20A inserted in Gazette 28 Jan 2011 p. 249-50.]

21.Special guardians, payments to (Act s. 65)

(1)For the purposes of section 65 the scale of amounts set out in the Table is prescribed.

Table

Class of children

Amount ($)

0 to 5 years of age

344.08

6 years of age

352.08

7 to 12 years of age

416.00

13 to 15 years of age

504.40

16 to 17 years of age

458.25

(2)Payments of amounts prescribed under subregulation (1) are to be made at fortnightly intervals.

[Regulation 21 amended in Gazette 7 Aug 2007 p. 4029; 18 Jan 2011 p. 146.]

21A.Work prescribed (Act s. 191(4))

Work that involves the collection of shopping trolleys at or in the vicinity of a shop or other retail outlet is prescribed for the purposes of section 191(4).

[Regulation 21A inserted in Gazette 18 Aug 2006 p. 3367.]

[22‑23A.Deleted in Gazette 7 Aug 2007 p. 4030.]

Part 7  Transitional arrangements

24.Term used: commencement day

In this Part —

commencement day means the day on which these regulations come into operation.

[Regulation 24 amended in Gazette 7 Aug 2007 p. 4030.]

[25‑28.Deleted in Gazette 7 Aug 2007 p. 4030.]

29.Certain children in care as at 1 Mar 2006

(1)This regulation applies to a child if immediately before commencement day the child —

(a)was being cared for by a person pursuant to an arrangement made —

(i)by the Director‑General as defined in the Child Welfare Act 1947 3 section 4(1); and

(ii)with the consent of a parent of the child;

and

(b)was not the subject of an order or proceedings under the Child Welfare Act 1947 3.

(2)A child to whom this regulation applies is to be taken to be a child —

(a)who is in the CEO’s care for the purposes of the Act Part 4; and

(b)to whom care is provided under a placement arrangement as defined in section 3.

 

Schedule 1  Forms

[r. 9AA, 9AB, 9AC, 16E, 16I and 16L]

[Heading inserted in Gazette 28 Jan 2011 p. 250.]

1.Warrant (access)

In the Children’s Court at

 

File No.

Warrant (access)

To

All authorised officers.

Details of child

Surname

 

Date of birth

 

Given names

 

Gender

 

Address

 

Details of applicant

Name

 

Division

 

Address

 

Telephone

 

Fax

 

Email

 

Section

This warrant is issued under section p 34(3) p 52(4) p 135(5)

Authority and directions

This warrant authorises you —

(a)to enter, at any time, any place where you reasonably believe the child to be; and

(b)to search the place for the purpose of finding the child; and

(c)to remain at the place for as long as you consider reasonably necessary to find the child; and

(d)if the child is found, to remain at the place and have access to the child for as long as the officer considers reasonably necessary.

This warrant must be executed in accordance with the Children and Community Services Act 2004 section 124.

Issuing details

Name of magistrate

 

Date

 

Time

 

Magistrate’s signature

Issued by me on the above date and at the above time.

 

 

Court seal

Execution details

Date

 

Time

 

Address

 

pThe warrant was executed.

pThe warrant could not be executed despite every reasonable effort.

pThe warrant was not executed after the determination that access was no longer necessary.

Authorised officer in charge of execution

Name

 

Position

 

Signature

 

 

[Form 1 inserted in Gazette 19 Jun 2009 p. 2226-7.]

2.Warrant (apprehension)

In the Children’s Court at

 

File No.

Warrant (apprehension)

To

All authorised officers.

All police officers.

Details of child

Surname

 

Date of birth

 

Given names

 

Gender

 

Address

 

Details of applicant

Name

 

Division

 

Address

 

Telephone

 

Fax

 

Email

 

Section

This warrant is issued under section p 85(3) p 86(3)

Authority and directions

This warrant authorises you —

(a)to enter, at any time, any place where you reasonably believe the child to be; and

(b)to search the place for the purpose of finding the child; and

(c)to remain at the place for as long as you consider reasonably necessary to find the child; and

(d)if the child is found, to apprehend the child and —

(i)in the case of a warrant issued under the Children and Community Services Act 2004 section 85, to take the child to such place as the CEO directs; or

(ii)in the case of a warrant issued under section 86 of that Act, to take the child to the place referred to in section 86(1) or such other place as the CEO directs.

This warrant must be executed in accordance with the Children and Community Services Act 2004 section 124.

Issuing details

Name of magistrate

 

Date

 

Time

 

Magistrate’s signature

Issued by me on the above date and at the above time.

 

 

Court seal

Execution details

Date

 

Time

 

Address

 

pThe warrant was executed.

pThe warrant could not be executed despite every reasonable effort.

pThe warrant was not executed after the determination that apprehension of the child was no longer necessary.

Authorised officer in charge of execution

Name

 

Position

 

Signature

 

 

[Form 2 inserted in Gazette 19 Jun 2009 p. 2227-8.]

3.Warrant (provisional protection and care)

In the Children’s Court at

 

File No.

Warrant (provisional protection and care)

To

All authorised officers.

All police officers.

Details of child

Surname

 

Date of birth

 

Given names

 

Gender

 

Address

 

Details of applicant

Name

 

Division

 

Address

 

Telephone

 

Fax

 

Email

 

Section

This warrant is issued under section p 35(3) p 133(3)

Authority and directions

This warrant authorises you —

(a)to enter, at any time, any place where you reasonably believe the child to be; and

(b)to search the place for the purpose of finding the child; and

(c)to remain at the place for as long as you consider reasonably necessary to find the child; and

(d)if the child is found, to take the child into provisional protection and care and to such place as the CEO directs.

This warrant must be executed in accordance with the Children and Community Services Act 2004 section 124.

Issuing details

Name of magistrate

 

Date

 

Time

 

Magistrate’s signature

Issued by me on the above date and at the above time.

 

 

Court seal

Execution details

Date

 

Time

 

Address

 

pThe warrant was executed.

pThe warrant could not be executed despite every reasonable effort.

pThe warrant was not executed after the determination that taking the child into provisional protection care was no longer necessary.

Authorised officer in charge of execution

Name

 

Position

 

Signature

 

 

[Form 3 inserted in Gazette 19 Jun 2009 p. 2228-9.]

4.Parentage testing procedure

AFFIDAVIT BY/IN RELATION TO DONOR

NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: (insert child’s name)

NAME OF DONOR: (insert donor’s name)

DATE OF BIRTH OF DONOR: (insert donor’s date of birth)

*RELATIONSHIP/*PUTATIVE RELATIONSHIP OF DONOR TO CHILD WHOSE PARENTAGE IS IN ISSUE: (if donor is not the child whose parentage is in issue, insert relationship of donor to child)

DATE OF TAKING SAMPLE FROM DONOR: (insert date sample is to be taken)

I, (insert name), of (insert address), (insert occupation), *make oath and say/*affirm:

 

IMPORTANT Either Part 1 or 2 of this form must be completed and sworn or affirmed by the person making the affidavit in the presence of an authorised witness, on the day the donor’s sample is taken.

PART 1

Part 1 must be completed if the person making the affidavit is the donor.

1.I am the person appearing in the photograph attached to this affidavit, being Attachment ‘A’.

2.My racial background is (insert details).

3.In the last 2 years:

(a)I *have/*have not suffered from leukaemia;

(b)I *have/*have not received a bone marrow transplant.

*4.The particulars of the *leukaemia/*bone marrow transplant are as follows:

(insert particulars)

5.I *have/*have not received a transfusion of blood or a blood product within the last 6 months.

*6.The particulars of the transfusion of blood or blood product are as follows:

(insert particulars)

7.I consent to:

(a)the taking of *a bodily sample/*bodily samples from me on (insert date sample is to be taken) at (insert place sample is to be taken) for the purposes of *a parentage testing procedure/*parentage testing procedures; and

(b)the carrying out of *that procedure/*those procedures on the *sample/*samples.

PART 2

Part 2 must be completed on behalf of a child or a represented person.

1.I am the (state relationship or other status in relation to the donor) of (insert name of donor) who was born on (insert date of birth of donor).

2.(insert name of donor) is the person appearing in the photograph attached to this affidavit, being Attachment ‘A’.

3.(insert name of donor) is a person whose racial background is (insert details).

4.In the last 2 years:

(a)the donor *has/*has not suffered from leukaemia;

(b)the donor *has/*has not received a bone marrow transplant.

*5.The particulars of the *leukaemia/*bone marrow transplant are as follows:

(insert particulars)

6.The donor *has/*has not received a transfusion of blood or a blood product within the last 6 months.

*7.The particulars of the transfusion of blood or blood product are as follows:

(insert particulars)

8.I consent to:

(a)the taking of *a bodily sample/*bodily samples from the donor on (insert date sample is to be taken) at (insert place sample is to be taken) for the purposes of *a parentage testing procedure/*parentage testing procedures; and

(b)the carrying out of *that procedure/*those procedures on the *sample/*samples.

 

*SWORN/*AFFIRMED by

at

on20

(Signature of person making affidavit)

BEFORE ME:
(insert name of person
before whom the affidavit
is made)

(Signature of person
before whom affidavit is
made)

Attach a recent photograph of the donor named in the affidavit, measuring approximately 45 mm by 35 mm, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background. The photograph must be marked ‘A’, and must bear a statement, signed by both the person before whom the affidavit is made and the person making the affidavit, identifying it as the photograph mentioned in the affidavit.

*Omit if not applicable.

[Form 4 inserted in Gazette 28 Jan 2011 p. 250-2.]

5.Parentage testing procedure

COLLECTION OF BODILY SAMPLES

NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: (insert child’s name)

1.I, (insert name of sampler), of (insert professional address), (insert occupation), took the *bodily sample/*bodily samples specified below at (insert time) *a.m./*p.m. on (insert date) at (insert place of collection) from the following *person/*persons:

(a)(insert name of person, type of bodily sample and person’s photograph);

*(b)(insert name of person, type of bodily sample and person’s photograph);

*(c)(insert name of person, type of bodily sample and person’s photograph);

*(d)(insert name of person, type of bodily sample and person’s photograph).

2.When I took the *bodily sample/*bodily samples specified above, I complied with the Children and Community Services Regulations 2006 Part 5A.

3.I placed the *bodily sample/*each of the bodily samples specified above in a container that was immediately sealed and then labelled in accordance with the Children and Community Services Regulations 2006 regulation 16H.

DATED:

(Signature of sampler)

*Omit if not applicable.

[Form 5 inserted in Gazette 28 Jan 2011 p. 252-3.]

6.Parentage testing procedure report

NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: (insert child’s name)

PART I

1.I, (insert name of nominated reporter), of (insert street address of laboratory where testing was performed), (insert occupation), am a person nominated by the laboratory specified below to prepare a report for the purposes of the Children and Community Services Act 2004 section 136H(b).

2.I report that *a parentage testing procedure/*parentage testing procedures being:

*(a)red cell antigen blood grouping;

*(b)red cell enzyme blood grouping;

*(c)testing for serum markers;

*(d)HLA tissue typing;

*(e)DNA typing;

*has/*have been carried out on the bodily *sample/*samples contained in the sealed *container/*containers bearing the *name/*names of the following *donor/*donors:

(a)(insert donor’s name, date of birth and relationship to child whose parentage is in issue);

*(b)(insert donor’s name, date of birth and relationship to child whose parentage is in issue);

*(c)(insert donor’s name, date of birth and relationship to child whose parentage is in issue);

*(d)(insert donor’s name, date of birth and relationship to child whose parentage is in issue).

3.Each bodily sample referred to in item 2 is the same bodily sample as the bodily sample specified in the statement completed on (insert date) by (insert name of sampler) in the Children and Community Services Regulations 2006 Schedule 1 Form 5.

4.The parentage testing *procedure was/*procedures were carried out at (insert name and street address of *laboratory/*laboratories where testing was performed) on (insert date/s).

5.The results of the parentage testing *procedure/*procedures are set out in Part II of this report.

*6.I report that the results of the parentage testing *procedure/*procedures carried out on the bodily *sample/*samples of the donors specified above show that (insert name of putative parent) is not excluded from identification as the *father/*mother of (insert name of child whose parentage is in issue).

[OR]

*6.I report that the results of the parentage testing *procedure/*procedures carried out on the bodily *sample/*samples of the donors specified above show that (insert name of putative parent) is excluded from identification as the *father/*mother of (insert name of child whose parentage is in issue).

*7.I further report that the probability that (insert name of putative parent) is the genetic *father/*mother of (insert name of child whose parentage is in issue) has been calculated as follows:

Putative *father/*mother is (insert figure) times more likely to produce a child with the required alleles than a *man/*woman drawn randomly from the general population. This equates to a Relative Chance of *Paternity/*Maternity of (insert figure).

[OR]

*7.I further report that the exclusion is based on contradictions of the laws of genetic inheritance in (insert amount) of the (insert amount) genetic markers: (insert the names of the genetic markers and whether the contradictions are of the first or second order).

*8.I further report (if necessary, provide further explanation of results detailed in item 6 or 7, or both).

DATED:20.

(Signature of nominated reporter)

PART II

1.The bodily *sample/*samples referred to in Part I of this report were received at (insert name and street address of laboratory at which parentage testing *procedure was/*procedures were carried out) on the following date/s:

(a)(specify sample) — (insert date)

*(b)(specify sample) — (insert date)

*(c)(specify sample) — (insert date)

*(d)(specify sample) — (insert date)

*(e)(specify sample) — (insert date)

2.The following identification *number was/*numbers were allocated respectively to the bodily *sample/*samples in the *container/*containers in respect of which the parentage testing *procedure was/*procedures were carried out:

(a)(insert name of donor and identification number);

*(b)(insert name of donor and identification number);

*(c)(insert name of donor and identification number);

*(d)(insert name of donor and identification number).

3.The results obtained from the parentage testing *procedure/*procedures are: (set out the results).

Complete this item if the parentage testing procedure carried out was red cell antigen blood grouping, red cell enzyme blood grouping, HLA tissue typing or testing for serum markers.

*4.The results set out above in item 3 refer to the parentage testing *procedure/*procedures carried out *by me/*under my supervision on (insert date/s). The bodily *sample was/*samples were tested with the same reagents and in parallel with appropriate known controls. Results from controls show that all reagents were of correct specificity and normal potency. I am satisfied that the results obtained are true and that they have been correctly transcribed from the laboratory records.

[OR]

Complete this item if parentage testing procedure carried out was DNA typing.

*4.The results set out above in item 3 refer to the parentage testing *procedure/*procedures carried out *by me/*under my supervision on (insert date/s). The bodily *sample was/*samples were tested with the same probes/primers and in parallel with appropriate known controls. Fragment length and/or hybridisation patterns were in accordance with scientifically accepted standards. I am satisfied that the results obtained have been correctly coded from the fragment and/or hybridisation pattern and that they have been correctly transcribed from the laboratory records.

DATED:

(Signature of person who carried
out parentage testing procedure
or person under whose
supervision parentage testing
procedure was carried out)

*Omit if not applicable.

[Form 6 inserted in Gazette 28 Jan 2011 p. 253-6.]

dline

 

Notes

1This reprint is a compilation as at 8 April 2011 of the Children and Community Services Regulations 2006 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Children and Community Services Regulations 2006

18 Jan 2006 p. 353-72

1 Mar 2006 (see r. 2 and Gazette 14 Feb 2006 p. 695)

Children and Community Services Amendment Regulations 2006

1 Mar 2006 p. 927‑9

1 Mar 2006

Children and Community Services Amendment Regulations (No. 2) 2006

18 Aug 2006 p. 3367-8

18 Aug 2006

Children and Community Services Amendment Regulations (No. 3) 2006

8 Dec 2006 p. 5369-70

8 Dec 2006

Reprint 1: The Children and Community Services Regulations 2006 as at 2 Feb 2007 (includes amendments listed above)

Children and Community Services Amendment Regulations 2007

7 Aug 2007 p. 4029‑30

r. 1 and 2: 7 Aug 2007 (see r. 2(a));
Regulations other than r. 1 and 2: 10 Aug 2007 (see r. 2(b)
and Gazette 9 Aug 2007 p. 4071)

Children and Community Services Amendment Regulations 2008

9 Dec 2008 p. 5107‑8

r. 1 and 2: 9 Dec 2008 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jan 2009 (see r. 2(b) and
Gazette 9 Dec 2008 p. 5107)

Children and Community Services Amendment Regulations 2009

19 Jun 2009 p. 2225-9

r. 1 and 2: 19 Jun 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 20 Jun 2009 (see r. 2(b))

Children and Community Services Amendment Regulations 2010

18 Jan 2011 p. 145-6

r. 1 and 2: 18 Jan 2011 (see r. 2(a));
Regulations other than r. 1, 2 and 4: 19 Jan 2011 (see r. 2(c));

r. 4: 31 Jan 2011 (see r. 2(b) and
Gazette 28 Jan 2011 p. 241)

Children and Community Services Amendment Regulations 2011

28 Jan 2011 p. 243-56

r. 1 and 2: 28 Jan 2011 (see r. 2(a));
r. 5: 31 Jan 2011 (see r. 2(b) and
Gazette 28 Jan 2011 p. 241);
Regulations other than r. 1, 2 and 5: 31 Jan 2011 (see r. 2(c) and
Gazette 28 Jan 2011 p. 241)

Reprint 2: The Children and Community Services Regulations 2006 as at 8 Apr 2011 (includes amendments listed above)

2Under the Financial Legislation Amendment and Repeal Act 2006 Sch. 2 cl. 13 a reference to the Consolidated Fund may, where the context so requires, be read as if it had been amended to be a reference to the Consolidated Account. This reference was changed under the Reprints Act 1984 s. 7(5)(a).

3Repealed by the Children and Community Services Act 2004 s. 250.

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

audio link9

bodily sample16A

care plan5(2)

commencement day24

donor16A

guardian16A

HLA16A

incident7

medical practitioner16A

NATA16A

nominated reporter16A

panel16

President3

provisional care plan5(2)

report16A, 16

represented person16A

responsible person16A

sample16A

sampler16A

section3

seized article8(1)

testing16A

video link9