CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 645 Director-general transfer—certain people must agree

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 645

    (1)     For section 643 (1) (e), agreement to the transfer of the order for the child or young person is required from—

        (a)     for a young person who is 15 years old or older—the young person; and

        (b)     each person who has daily care responsibility or long-term care responsibility for the child or young person; and

Note     Parental responsibility provisions are dealt with in pt 14.6.

        (c)     each person who is authorised to decide where or with whom the child or young person must live under a residence provision in a care and protection order; and

        (d)     each person who is allowed contact with the child or young person under a contact provision in a care and protection order for the child or young person.

Note     Contact provisions are dealt with in pt 14.8.

    (2)     If the child or young person lives in a State with a person who has daily care responsibility for the child or young person under a parental responsibility provision in a care and protection order in force for the child or young person—

        (a)     it is sufficient if each person required to agree agrees to the child or young person living in the State; and

        (b)     their agreement to the transfer is not required.

    (3)     If a relevant person lives in or is intending to live in the relevant participating State—

        (a)     it is sufficient if each other relevant person agrees to the child or young person living in the State; and

        (b)     the agreement of the person to the transfer is not required.

    (4)     Also, a person's agreement is not required if—

        (a)     the person cannot be found after reasonable inquiry; or

        (b)     the person does not have the capacity to agree to the transfer; or

        (c)     for agreement required from the young person—the young person does not have sufficient maturity or developmental capacity to agree to the transfer.

    (5)     In this section:

"relevant person", for a child or young person, means—

        (a)     a parent of the child or young person; and

        (b)     a person who is authorised to decide where or with whom the child or young person must live under a residence provision in a care and protection order; and

        (c)     someone else who has daily care responsibility, or long-term care responsibility, for the child or young person (under a parental responsibility provision in a care and protection order or otherwise).