New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 73

73 Order accepting undertakings

(1) If the Children's Court, after inquiring into a care application in relation to a child or young person (other than an application for a guardianship order), is satisfied that the child or young person is in need of care and protection--

(a) it may make an order accepting such undertakings (given by a responsible person for the child or young person) as it thinks fit with respect to the care and protection of the child or young person, or

(b) it may make an order accepting such undertakings (given by the child or young person) as it thinks fit with respect to the child's or young person's conduct, or

(c) it may make an order accepting undertakings under both paragraphs (a) and (b).

(2) An undertaking referred to in this section--

(a) is to be in writing signed by the person giving it, and

(b) remains in force for such period (expiring on or before the day on which the child or young person attains the age of 18 years) as may be specified in the undertaking.

(3) The Children's Court is to cause a copy of an undertaking referred to in this section to be served on the person giving it.

(4) The Secretary or a party to proceedings in which an order accepting an undertaking was made may notify the Children's Court of an alleged breach of an undertaking.

(5) The Children's Court, on being notified of an alleged breach of an undertaking--

(a) must give the parties an opportunity to be heard concerning the allegation, and

(b) is to determine whether the undertaking has been breached, and

(c) if it finds that the undertaking has been breached, make such orders as it considers appropriate in all the circumstances.

(6) An application for further orders under this section is not a variation application under section 90 (Rescission and variation of care orders) and the Children's Court may make any orders that it could have made when the order for undertakings was made.

(7) In this section--

"responsible person" for a child or young person means any of the following persons (other than the Secretary or the Minister)--

(a) a person having parental responsibility or care responsibility for the child or young person,

(b) a person who is the birth mother, birth father, adoptive mother or adoptive father of the child or young person (whether or not the person has parental responsibility or care responsibility for the child or young person),

(c) a person who is a primary care-giver for the child or young person (whether or not the person has parental responsibility or care responsibility for the child or young person).