CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 61A
Applications for care orders by filing contract breach notices
CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 61A
Applications for care orders by filing contract breach notices
(1) If
the Secretary duly files a contract breach notice with the Children's Court,
the filing of the notice is an application for the care orders specified in
the notice.
(2) If a care application is made by filing a
contract breach notice, references to a parent in the provisions of this Part
relating to the making and determination of a care application in respect of a
child or young person are to be read as including a reference to a
primary care-giver for the child or young person who is a party to the
parent responsibility contract concerned even if he or she is not a parent of
the child or young person.
(3) Accordingly, the Children's Court may make the
same kinds of orders in respect of such a primary care-giver for a child or
young person as the Court may make in respect of a parent of the child or
young person.
(4) Sections 63 (Evidence of prior alternative action) and 64
(Notification of care applications) do not apply to a care application that is
made by filing a contract breach notice.
Note : Section 38E(3) requires the
Secretary to notify the other parties to a parent responsibility contract and
the children and young persons for whom they are primary care-givers that a
contract breach notice has been filed with the Children's Court.
