Access to child protection court records is strictly regulated and can only occur if legally allowed or by court order.
The Child Protection Act 1999 (CPA) does not allow respondent parents, for example, to access these records, including court transcripts and other documents.
To access them, you must apply to the court for an order.
Legally allowed access
Under the CPA, child protection proceeding records may only be used, disclosed or accessed under the following circumstances:
- when the information is required for a public service employee to perform their duties under or in relation to the CPA
- for purposes related to a child’s protection or wellbeing
- for the Chief Executive’s function of cooperating with government entities that have a function relating to child protection
- to enable the Chief Executive to cooperate with government entities or administer functions under the Adoption Act 2009
- as otherwise required or permitted under the CPA or another Act
- to protect a person from serious or imminent risk to their safety or health
- when the document specifically pertains to the person requesting it (limited to information about that person)
- to enable the chief executive to administer Chapter 4 of the CPA.
Court-ordered access
The Child Protection Act does not provide respondent parents in child protection proceedings with automatic access to court records.
If you require a copy of a record, you must apply to the court for an order directing the release of the transcript or document.
How to apply
Submit a written application to the court that heard the child protection matter.
Your application must include:
- the name of the proceeding
- the file number of the proceeding
- your relationship to the proceeding
- the reason you require access to the transcript or document
- the date by which you need access to the transcript or document.
If you’re filing an appeal
If you need access to a transcript or document to prepare submissions for an appeal against a child protection order, don’t delay your application.
Appeals must be filed within 28 days of the order being made.
What happens next
A magistrate or judge will review your application and decide whether to issue an order for release.
This decision is typically made without a hearing; you’ll be notified if your presence is required.
