Child Protection Act 1999 (Qld)

What the Act does

Section 4 sets out the purposes of the Act, starting with the protection of children. Section 5A makes the safety, wellbeing and best interests of a child the paramount principle for administering the Act, so every decision made under it must be measured against them. Section 5B adds general principles, including a child's right to be protected from harm. These principles guide Child Safety officers, the Director of Child Protection Litigation and others who act under the Act. Sections 5C and 5F add principles for Aboriginal and Torres Strait Islander children, including the Aboriginal and Torres Strait Islander child placement principle, and apply them to the chief executive, the Director of Child Protection Litigation and authorised officers.

When a child is in need of protection

Under section 9, harm is any detrimental effect of a significant nature on a child's physical, psychological or emotional wellbeing. It can come from a single act or omission or from a series of acts, omissions or circumstances, and the way it is caused does not matter. Physical, psychological and emotional abuse, neglect and sexual abuse can all cause harm.

Section 10 says a child is in need of protection if they have suffered, are suffering or are at unacceptable risk of suffering significant harm, and do not have a parent able and willing to protect them. Both parts must be present. A child can be harmed and still not be in need of protection under the Act if a parent is acting protectively.

Reporting harm to Child Safety

Part 1AA lets anyone report a reasonable suspicion that a child is in need of protection (s 13A). Section 13E makes some workers mandatory reporters: doctors, registered nurses, teachers, police officers with child protection responsibilities, child advocates under the Public Guardian Act 2014 and early childhood education and care professionals. They must make a written report when they form a reasonable suspicion of significant harm caused by physical or sexual abuse, where the child may not have a parent able and willing to protect them.

Section 13F places a similar duty on Child Safety staff, licensed care service employees and approved foster and kinship carers where they reasonably suspect a child in care has suffered, is suffering or is at unacceptable risk of significant harm caused by physical or sexual abuse. Mandatory reports go in writing to the chief executive under section 13G and must state the basis for the suspicion. Section 13D points to section 197A, which protects people who report honestly from liability.

Investigations and child protection orders

When the chief executive becomes aware of alleged harm and reasonably suspects a child is in need of protection, section 14 requires them to immediately have an authorised officer investigate or take other appropriate action. If the harm may involve a criminal offence, details must also be given to the Queensland Police Service. People who make a report, including mandatory reporters, can ask Child Safety for feedback about how it responded.

Where ongoing intervention is needed, the independent Director of Child Protection Litigation decides whether to apply to the Childrens Court for a child protection order. Orders can direct a parent to do something, require Child Safety to supervise a child's care, or grant custody or guardianship to the department, a family member or another suitable person. An order can last up to 2 years, or until the child turns 18. The court, not Child Safety, decides whether an order is made.

Related laws you may also need

The Act sits alongside other duties. Under section 229BC of the Criminal Code, any adult who believes on reasonable grounds that another adult has committed a sexual offence against a child under 16, or a child with an impairment of the mind, must report it to police unless they have a reasonable excuse, such as having already reported it to Child Safety. School staff have separate duties to report sexual abuse under the Education (General Provisions) Act 2006.

The Child Safe Organisations Act 2024 introduced Child Safe Standards and a Universal Principle, with obligations phasing in from 1 October 2025, and a Reportable Conduct Scheme that commenced on 1 July 2026. The Queensland Family and Child Commission is the independent oversight body for the system. These schemes focus on how organisations prevent and respond to harm, including harm caused by their own workers. Check which of these apply to your organisation, and ask a supervisor or legal adviser if you are unsure.

Questions people ask about the Child Protection Act 1999 (Qld)

• Do I have to report if I only suspect neglect?
• Who counts as an early childhood education and care professional for mandatory reporting?
• Do foster and kinship carers have to report harm to a child in their care?
• Will the family find out who made the report?
• What is the difference between a report to Child Safety and a referral to Family and Child Connect?
• What happens after Child Safety receives a report?