Guide to Child Protection legislation
Each State and Territory has different child protection legislation. The Australian Institute of Family Studies has published a useful guide, which I’ve summarised below. The full AIFS guide has links to the legislation websites.
Australian Capital Territory
(Department of Disability, Housing and Community Services)
Principal Acts:
Children and Young People Act 1999 (ACT)
Other relevant Acts:
Adoption Act 1993 (ACT)
Human Rights Act 2004 (ACT)
Human Rights Commission Act 2005 (ACT)
Public Advocate Act 2005 (ACT)
Family Law Act 1975 (Cth)
New South Wales
(Department of Community Services)
Principal Acts:
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Other relevant Acts:
Children and Young Persons (Care and Protection) Amendment (Parental Responsibility Contracts) Act 2006 (NSW)
Child Protection (Offenders Registration) Act 2000 (NSW)
Crimes Act 1900 (NSW)
Commission for Children and Young People Act 1998 (NSW)
The Ombudsman Act 1974 (NSW)
Family Law Act 1975 (Cth)
Northern Territory
(Family and Children’s Services, Department of Health and Community Services)
Principal Acts:
Community Welfare Act 1983 (NT)
Care and Protection of Children Draft Act (NT)(currently before Cabinet)
Other relevant Acts:
Information Act 2006 (NT)
Disability Services Act 2004 (NT)
Criminal Code Act 2006 (NT)
Family Law Act 1975 (Cth)
Queensland
Department of Child Safety
Principal Acts:
Child Protection Act 1999 (Qld)
Other relevant Acts:
Commission for Children and Young People and Child Guardian Act 2000 (Qld)
Education (General Provisions) Act 2006 (Qld)
Public Health Act 2005 (Qld)
Adoption of Children Act 1964 (Qld)
Family Law Act 1975 (Cth)
South Australia
Families SA: Department for Families and Communities
Principal Acts:
Children’s Protection Act 1993 (SA)
Other relevant Acts/Legislation:
Young Offenders Act 1994 (SA)
Adoption Act 1988 (SA)
Children’s Protection Regulations 2006 (SA)
Family Law Act 1975 (Cth)
Family and Community Services Act 1972 (SA)
Tasmania
(Department of Health and Human Services)
Principal Acts:
Children, Young Persons and their Families Act 1997 (Tas)
Other relevant Acts:
The Family Violence Act 2004 (Tas)
Family Law Act 1975 (Cth)
Victoria
(Children Protection and Juvenile Justice Branch; Department of Human Services)
Principal Acts:
Children, Youth and Families Act 2005 (Vic)
Other relevant Acts:
Working with Children Act (Vic)
Child Wellbeing and Safety Act 2005 (Vic)
The Charter of Human Rights and Responsibilities Act2006 (Vic)
Family Law Act 1975 (Cth)
Western Australia
(Department for Community Development, now the Department for Child Protection)
Principal Acts:
Children and Community Services Act 2004 (WA)
Other relevant Acts:
Working with Children (Criminal Record Checking) Act 2004 (WA)
Family Court Act 1997 (WA)
Adoption Act 1994 (WA)
Family Law Act 1975 (Cth)
