New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 38D

38D Effect of parent responsibility contract

(1) A parent responsibility contract may be used as evidence of an attempt to resolve a matter concerning a child’s or young person’s need for care and protection without bringing a care application in accordance with Part 2 of Chapter 5.

(2) A refusal by a primary care-giver for a child or young person to enter into a parent responsibility contract may also be used as evidence of an attempt to resolve a matter concerning the child’s or young person’s need for care and protection without bringing a care application in accordance with Part 2 of Chapter 5.

(3) Except to the extent that this Division or any other provision of this Act provides otherwise:

(a) a parent responsibility contract does not create a legally enforceable agreement, and

(b) any failure to comply with the terms of such a contract (or any thing done or omitted to be done in connection with the negotiation of, or entry into, the contract) does not give rise to civil liability of any kind.