CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 126
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 126
126 . Recovery of certain expenditure
(1) In this section
—
child means a child —
(a) who
is in provisional protection and care; or
(b) who
is the subject of a protection order (supervision); or
(c) who
is the subject of a negotiated placement agreement; or
(d) to
whom placement services are provided under section 32(1)(a).
(2) If the Court is
satisfied, on the application of the CEO, that expenses have been or are
likely to be incurred by the Department in connection with the performance of
functions under this Part in respect of a child, the Court may order a parent
of the child to pay to the Department such amount in reimbursement or
anticipation of those expenses as the Court considers appropriate.
(3) If the child
concerned is the subject of a negotiated placement agreement, an order is not
to be made under subsection (2) that is inconsistent with the terms of the
agreement.
(4) An order is not to
be made under subsection (2) in respect of a person who is not present before
the Court unless the Court is satisfied that the person has received adequate
notice of the application.
(5) If an order is
made under subsection (2), the Court must cause a certified copy of the order
to be sent to —
(a) the
Family Court; or
(b) a
court of a kind referred to in the Family Court Act 1997 section 39(a) that
can, under that section, exercise the Family Court’s non-federal
jurisdictions,
whichever is nearest
to the place at which the order was made, for registration in accordance with
the Family Court Act 1997 and the order, when so registered, is to be taken
for all purposes to be an order made under that Act by the Family Court or the
court referred to in paragraph (b), as the case requires.