Child Protection (NT)

In the Northern Territory, the child protection system is governed by the Care and Protection of Children Act 2007 and child protection matters are heard in the Youth Justice Court. This page deals with child protection matters in the NT.

Children in need of protection

The Care and Protection of Children Act 2007 gives Territory Families and the courts various powers to intervene in situations where there is reason to believe that a child is in need of protection.

Under section 20 of the Act, a child is in need of protection if:

• they have suffered or are likely to suffer harm or exploitation because of an act or omission of a parent;
• they are abandoned  and  no  family  member  of  the  child  is willing and able to care for the child; or
• their parents are unable or unwilling to care for them and  no  other  family  member  is able and willing to do so; or
• the child is not under the control of any person and is engaged in conduct that causes or is likely to cause harm to the child or to others.

Mandatory reporting

In the NT, a person is obliged to make a report if they believe that:

• a child has suffered or is likely to suffer harm or exploitation;
• a child under 14 has been or is likely to be the victim of a sexual offence
• a child has been or is likely to be the victim of a sexual offence committed by a person is a position of authority over them.

A person who does not report such a belief is guilty of an offence and may be fined up to 200 penalty units. A report may be made to the child protection reporting line 1800 700 250 or online via Care Services.

Where child is at risk of harm

Where Territory Families considers that a child is at risk of harm, its officers may enter the child’s home to monitor the child’s wellbeing, inspect the place and speak to the child. If the Department considers that a child is in urgent need of protection, it may take the child into provisional protection for up to 72 hours.

When a child is taken into provisional protection, the Department may remove the child from the place where he or she is found, arrange for a medical examination of the child and arrange for care and protection of the child.  The Department must inform the child’s parents or the person with parental responsibility for the child that this has occurred.

Applying for a protection order

Where the Department considers that a child is at risk of harm, it may apply to the Youth Justice Court for a protection order. A protection order may be made on a short-term basis or on a permanent basis (until the child turns 18). A protection order may grant the Department parental responsibility over the child, daily care and control of the child, or both. If a short-term order is made, responsibility for the child will revert to the child’s parents at the end of the order.

Parental responsibility and daily care and control

The person with parental responsibility for a child has the power to make long-term decisions about the child such as where the child goes to school, the religion the child follows and the major medical interventions the child receives.

The person with daily care and control of a child is responsible for the child’s day-to-day care including getting the child to school, feeding the child and supervising the child.

In some cases, an order may grant parental responsibility to the Department, but daily care and control to a parent. When this occurs, the Department will be responsible for making the big-picture decisions about the child, but the child will remain living with the parent.

Opposing an application for a protection order

When Territory Families applies for a protection order over a child, the application must be served on the child’s parents. The child’s parents may file a response to the application, which may indicate that they consent to the order, or that they oppose the order.

If there is another person with a significant interest in the matter, such as a grandparent or aunt, that person may apply to be allowed to participate in the proceedings. A family member may also ask to be assessed by the Department as a kinship carer. If a person is found to be a suitable kinship carer and an order is made, the child may be placed in their care.

The court may also appoint a lawyer to act as a separate representative for the children in the proceedings. The separate representative will talk to the children and other people who are involved in their lives and make submissions to the court as to what is in the children’s best interests. A separate representative may support or oppose an order sought by the department.

If an application for a protection order is opposed, the matter may resolve through negotiations with the Department, or the matter may proceed to a contested hearing, where the court will decide whether an order needs to be made after each party has called evidence and made submissions.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.