New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 61A

Applications for care orders by filing contract breach notices

61A Applications for care orders by filing contract breach notices

(1) If the Secretary duly files a contract breach notice with the Children's Court, the filing of the notice is an application for the care orders specified in the notice.
(2) If a care application is made by filing a contract breach notice, references to a parent in the provisions of this Part relating to the making and determination of a care application in respect of a child or young person are to be read as including a reference to a primary care-giver for the child or young person who is a party to the parent responsibility contract concerned even if he or she is not a parent of the child or young person.
(3) Accordingly, the Children's Court may make the same kinds of orders in respect of such a primary care-giver for a child or young person as the Court may make in respect of a parent of the child or young person.
(4) Sections 63 (Evidence of prior alternative action) and 64 (Notification of care applications) do not apply to a care application that is made by filing a contract breach notice.
Note : Section 38E (3) requires the Secretary to notify the other parties to a parent responsibility contract and the children and young persons for whom they are primary care-givers that a contract breach notice has been filed with the Children's Court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback