New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 231F

231F Notification to child or young person and his or her parents

(1) If the Secretary has decided to transfer a child protection order to a participating State under this Division, the Secretary must cause--

(a) the parents of the child or young person who is the subject of the order, and

(b) any person having parental responsibility for the child or young person who is the subject of the order, and

(c) if the child or young person concerned is of or above the age of 12 years, the child or young person,

to be served with a notice of the decision as soon as practicable but in any event no later than 3 working days after making it.

(2) A notice under subsection (1) served on a parent of, or a person having parental responsibility for, the child or young person must, in addition to providing notice of the decision, inform the parent or person that--

(a) the parent or person may make a written request under Division 2 of Part 2 of Chapter 3 of the Administrative Decisions Review Act 1997 for a written statement of reasons for the decision, and

(b) the decision may be administratively reviewed by the Civil and Administrative Tribunal under the Administrative Decisions Review Act 1997 , whose decision may be appealed against to an Appeal Panel of that Tribunal, and

(c) the parent or person may make an application for review (and the notice must also provide details of how such an application may be made).

(3) A notice under subsection (1) served on the child or young person must, in addition to providing notice of the decision, inform the child or young person that--

(a) the child or young person may seek legal advice in relation to the decision, and

(b) the child or young person may oppose the decision by writing to the Secretary, within 28 days after the date of service of the notice, and stating that the child or young person opposes the decision, and

(c) if notice of opposition is given in accordance with paragraph (b), the order cannot be transferred by the Secretary under this Division.

(4) The Secretary must make all reasonable efforts to ensure that a child or young person on whom a notice is served under subsection (1) has an opportunity to seek legal advice in relation to the decision to transfer the child protection order.

(5) Service of a notice on a person is not required under subsection (1) if it cannot be effected after making all reasonable efforts.