Child protection review

1. Before you apply to QCAT

QCAT reviews decisions made by the Department of Child Safety, Seniors and Disability Services.

Reviewable decisions about children and young people include*:

• who they should live with
• not telling their parents where they are living
• the amount and type of contact between them and their parents; or
• other care arrangements

(*For full list of reviewable decisions please view Schedule 2 of the Child Protection Act 1999)

Before you apply to review a decision, you must ensure the relevant decision letter issued to you by the Department is included with your application forms. The letter sets out the decision made and your review rights.

Before you apply, you must also ensure you understand the review process by reading the above information about how QCAT considers review applications and what you may be required to complete so QCAT can review the decision.

2. Internal review process

The Department can internally review your decision. This means the Department reviews their decision themselves through an internal review process.

As outlined in the decision letter issued to you, this can occur in a number of ways:

• you can contact the author of your decision letter to discuss any worries you may have. If necessary, the Department can organise a meeting with the relevant staff to talk with you about the decision
• you can request a review of the decision through the Department’s complaint system, which can be requested by contacting Child Safety complaints on 1800 080 464 or by going to www.dcssds.qld.gov.au/contact-us/compliments-complaints

3. If your application is urgent

If you believe that your application is urgent and wish to have the original decision by the Department placed on hold you can apply to QCAT to ‘stay’ the decision. A stay order postpones the original decision until after the review decision has been made.

Depending on the type of reviewable decision, you must be prepared that QCAT may not grant a stay in the case.

You must ensure you clearly set out why a stay order should be granted and include your supporting evidence.

You can request a stay of a decision made by the Department by by completing a Form 18 – Application to stay a decision – child protection matters.

4. Complete and lodge this form

To make an application to a review a decision of the Department, complete and lodge the appropriate application form from the list below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted. When you apply you must ensure the relevant reviewable decision letter issued to you is included with your application forms or the review may be delayed until the letter is provided.

There is no fee to apply to review a decision of the Department.