Queensland Consolidated Acts

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CHILD PROTECTION ACT 1999 - SECT 65

65 Variation and revocation of child protection orders

(1) An authorised officer, a child's parent or the child may apply to the Childrens Court for an order to—

(a) vary or revoke a child protection order for the child; or
(b) revoke a child protection order for the child and make another child protection order in its place.

(2) However, a child's parent can not—

(a) apply for an order to revoke a child protection order for the child and make another child protection order in its place that grants guardianship of the child; or
(b) without the leave of the court, apply for an order to vary or revoke a child protection order for the child if another application for an order by a parent of the child to vary or revoke the child protection order has been decided by the court.

(3) For subsection (2)(b), the court may grant leave only if it is satisfied the child's parent has new evidence to give to the court.

(4) This part applies, with the changes prescribed in subsection (5) and all other necessary changes, to the application as if it were an application for a child protection order for the child.

(5) If the application is made by the child or a parent of the child—

(a) other parents of the child and the chief executive become respondents to the application; and
(b) immediately after the application is made, the registrar must give written notice to the chief executive of the time and place for hearing the application; and
(c) as soon as practicable after receiving the registrar's notice, the chief executive must comply with section 56 except so far as it relates to the applicant.

(6) The court may, under subsection (1)(a), revoke a child protection order for a child only if it is satisfied the order is no longer appropriate and desirable for the child's protection.

(7) Without limiting the things to which the court may have regard in deciding an application under this section, the court—

(a) may have regard to a contravention of the child protection order or this Act; and
(b) for an application to revoke a child protection order granting long-term guardianship of a child under section 61(f)(i) or (ii)—must have regard to the child's need for emotional security and stability.

(8) In this section—

child protection order does not include an interim order under section 67.



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