New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 63

63 Evidence of prior alternative action

(1) When making a care application, the Secretary must furnish details to the Children's Court of--

(a) the support and assistance provided for the safety, welfare and well-being of the child or young person, and

(b) the alternatives to a care order that were considered before the application was made and the reasons why those alternatives were rejected.

(2) The Children's Court must not--

(a) dismiss a care application in relation to a child or young person, or

(b) discharge a child or young person who is in the care responsibility of the Secretary from that care responsibility,

by reason only that the Children's Court is of the opinion that an appropriate alternative action that could have been taken in relation to the child or young person was not considered or taken.

(3) Subsection (2) does not prevent the Children's Court from adjourning proceedings.