New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 38E

38E Contract breach notices

(1) The Secretary may file a
"contract breach notice" with the Children's Court in relation to a parent responsibility contract if--

(a) a party to the contract has breached a term of the contract, and

(b) the contract authorises the Secretary to file a contract breach notice with the Children's Court for breaches of the kind committed by any party to the contract.

(2) A contract breach notice must state the following matters--

(a) the name of the party to the contract who is alleged to have breached the parent responsibility contract,

(b) each provision of the parent responsibility contract that the party to the contract is alleged to have breached,

(c) the manner in which the party to the contract is alleged to have breached the provision,

(d) the care orders that the Secretary will seek from the Children's Court in respect of the child or young person concerned,

(e) such other matters as may be prescribed by the regulations.

(3) The Secretary is to cause a copy of a contract breach notice filed with the Children's Court (along with a copy of the parent responsibility contract) to be served on each of the following persons as soon as is reasonably practicable after filing the notice--

(a) each party to the parent responsibility contract,

(b) the child or young person for whom the party breaching the contract is a primary care-giver.

(5) A reference in this Act to the Secretary duly filing a contract breach notice is a reference to the Secretary filing the notice in accordance with the provisions of this section.