New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 64

64 Notification of care applications

(1) Persons having parental responsibility The Director-General is required to make reasonable efforts to notify the parents of a child or young person of the making of a care application by the Director-General in relation to the child or young person.

(2) Children and young persons The Director-General is required to notify a child or young person who is the subject of a care application of the making of the application.

(3) A notification under subsection (2) is to be made in language and in a manner that the child or young person can understand having regard to his or her development and the circumstances.

(4) Application for care order In particular, the Director-General must, as soon as practicable after a care application is made in relation to a child or young person, cause a copy of the application, together with copies of all reports, supporting affidavits and other documentary evidence that accompanied the application, to be served on the parents of the child or young person who can reasonably be located, subject to section 64A.

(5) The copy of the care application must be written and arranged in such a form that there is a reasonable likelihood that its contents will be understood by the person on whom it is served.

(6) Effect of failure to comply with this section Failure to comply with the requirements of this section in relation to a care application does not invalidate the application or any decision of the Children’s Court on the application.

(7) Notification not to be given in certain circumstances Despite the other provisions of this section, the Children’s Court may:

(a) order the Director-General:

(i) not to notify a child or young person of any application, or

(ii) not to serve a copy of an application or any supporting documentary evidence on a particular parent of any child or young person, or

(b) order a parent not to show an application or documents, or any particular information in the application or documents, to the parent’s child or young person and not to tell the child or young person about the application or document or any particular information in it.

(8) The Children’s Court may make an order under subsection (7) only if the Children’s Court is of the opinion that:

(a) the prejudicial effect of the child’s or young person’s being unaware of the application or information is outweighed by the psychological harm that is likely to be caused to the child or young person if the child or young person is notified or becomes aware of the application, or

(b) it would otherwise be detrimental to the safety, welfare or well-being of the child or young person if that child or young person is notified or becomes aware of the application.

Note: The participation of children and young persons in decisions made under or pursuant to this Act that have a significant impact on their life as referred to in section 10 requires information, if appropriate, about a care application to be provided to the child or young person.