New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 79A

79A Allocation of parental responsibility by guardianship order

(1) In this Act--

"guardian" means a person who has been allocated all aspects of parental responsibility for a child or young person until the child or young person reaches 18 years of age by a guardianship order made under this section.

(2) An order may be made by the Children's Court allocating to a suitable person all aspects of parental responsibility for a child or young person who is in statutory out-of-home care or supported out-of home care or who it finds is in need of care and protection until the child or young person reaches 18 years of age (a
"guardianship order" ).

(3) The Children's Court must not make a guardianship order unless it is satisfied that--

(a) there is no realistic possibility of restoration of the child or young person to his or her parents, and

(b) that the prospective guardian will provide a safe, nurturing, stable and secure environment for the child or young person and will continue to do so in the future, and

(c) if the child or young person is an Aboriginal or Torres Strait Islander child or young person--permanent placement of the child or young person under the guardianship order is in accordance with the Aboriginal and Torres Strait Islander Child and Young Person Placement Principles that apply to placement of such a child or young person in statutory out-of-home care under section 13, and

(d) if the child or young person is 12 or more years of age and capable of giving consent--the consent of the child or young person is given in the form and manner prescribed by the regulations.

(4) A guardianship order may allocate parental responsibility jointly to more than one person.

(5) The Children's Court must not make a guardianship order with respect to a child or young person if the order would be inconsistent with--

(a) any order made with respect to the child or young person by the Supreme Court in the exercise of its jurisdiction with respect to the custody and guardianship of children, or

(b) a guardianship order with respect to the young person made by the Guardianship Tribunal.

(6) A guardianship order remains in force (unless sooner varied or rescinded under section 90) until the child or young person concerned reaches 18 years of age.

(7) A guardianship order may only be made as a final order.