New South Wales Consolidated Acts

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

38E Contract breach notices

(1) The Director-General may file a "contract breach notice" with the Children’s Court in relation to a parent responsibility contract if:

(a) a primary care-giver for a child or young person who is a party to the contract has breached a term of the contract, and

(b) the contract authorises the Director-General to file a contract breach notice with the Children’s Court for breaches of the kind committed by the primary care-giver.

(2) A contract breach notice must state the following matters:

(a) the name of the primary care-giver for a child or young person who is alleged to have breached the parent responsibility contract,

(b) each provision of the parent responsibility contract that the primary care-giver is alleged to have breached,

(c) the manner in which the primary care-giver is alleged to have breached the provision,

(d) the care orders that the Director-General will seek from the Children’s Court in respect of the child or young person concerned,

(e) such other matters as may be prescribed by the regulations.

(3) The Director-General is to cause a copy of a contract breach notice filed with the Children’s Court (along with a copy of the parent responsibility contract) to be served on each of the following persons as soon as is reasonably practicable after filing the notice:

(a) each primary care-giver who is a party to the parent responsibility contract,

(b) the child or young person for whom the party breaching the contract is a primary care-giver.

(4) In any care application that is made by the Director-General duly filing a contract breach notice with the Children’s Court it is to be presumed (unless the presumption is rebutted by a party to the proceedings other than the Director-General) that the child or young person in respect of whom the application is made is in need of care and protection.

Note: The filing of a contract breach notice with the Children’s Court operates as a care application by the Director-General. See section 61A (1).

(5) A reference in this Act to the Director-General duly filing a contract breach notice is a reference to the Director-General filing the notice in accordance with the provisions of this section.