Actions in Respect of Children

Nature of action Time Limit Period Legislation Provision
Time limit for making a complaint under the Ombudsman Act 2001 (Qld) 1 year after the day the complainant first had notice of the action s 20(1)(c) Ombudsman Act 2001 (Qld) Section 56 of the Commission for Children and Young People and Child Guardian Act 2000 (Qld) was repealed. Child-related complaints are investigated by the relevant government department with oversight by the Queensland Ombudsman.

In circumstances where a complaint was made under the Commission for Children and Young People and Child Guardian Act 2000 (Qld) and had not been finally dealt under that Act immediately before commencement, the Ombudsman must deal with the complaint as if it had been made to the Ombudsman under the Ombudsman Act 2001 (Qld): s 106.

Appeal against a decision made under the Child Protection Act 1999 (Qld) 28 days after decision is made s 118 Child Protection Act 1999 (Qld) File written notice of appeal with registrar of the appellate court: s 118(1).

Court may extend period for filing the notice of appeal: s 118(4).

Appeal against a decision of the Children’s Court to transfer a child protection order or child protection proceeding to a participating state. Must file and serve notice of appeal within 10 business days after receiving notice of decision. s 239(4) Child Protection Act 1999 (Qld) File written notice of appeal with Registry of Appellate Court: s 239(3).

Appellate Court may not extend period for filing and serving the notice of appeal: s 239(5).

Application for judicial review of a decision to transfer a child protection order to a participating state 28 days after the decision day s 211 Child Protection Act 1999 (Qld) Despite the provisions of the Judicial Review Act 1991 (Qld), the Supreme Court cannot extend time: s 211(2).