CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 69A

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 69A

69A .         Replacement of protection order (time-limited) or protection order (until 18): application by carer

        (1)         An individual is eligible to make an application under subsection (2) in respect of a child if —

            (a)         the individual has been the carer of the child; and

            (b)         the child has been the subject of one or more of the following types of protection order —

                  (i)         a protection order (time-limited);

                  (ii)         a protection order (until 18),

                for at least the period of 2 years immediately preceding the day on which the application is made.

        (2)         An individual who is the carer of a child may, if eligible to do so under subsection (1), apply to the Court for the revocation of a protection order (time-limited) or protection order (until 18) and the making of a protection order (special guardianship) in respect of the child.

        (3)         An application under subsection (2) must nominate the individual or individuals to whom parental responsibility for the child is proposed to be given under the protection order (special guardianship).

        (4)         The applicant must be the individual or one of the individuals nominated in the application.

        (5)         If an application under subsection (2) for the revocation of a protection order (time-limited) is made but not determined before the day on which the order would otherwise expire, the order remains in force until the application is determined.

        (6)         On an application under subsection (2) the Court may, if satisfied that it is in the best interests of the child to do so, revoke the order and, subject to this Part, make a protection order (special guardianship) or another protection order in respect of the child.

        [Section 69A inserted: No. 49 of 2010 s. 33.]