sec.65Variation and revocation of particular child protection orders

### sec.65 Variation and revocation of particular child protection orders The litigation director, a child’s parent or the child may apply to the Childrens Court for an order to— vary or revoke a child protection order, other than a permanent care order, for the child; or revoke a child protection order, other than a permanent care order, for the child and make another child protection order in its place. However, a child’s parent can not— apply for an order to revoke a child protection order for the child and make another child protection order in its place that grants guardianship of the child; or without the leave of the court, apply for an order to vary or revoke a child protection order for the child if another application for an order by a parent of the child to vary or revoke the child protection order has been decided by the court; or apply to vary a long-term guardianship order granting long-term guardianship of the child to the chief executive to grant long-term guardianship of the child to a suitable person mentioned in section 61 (f) (i) or (ii) . For subsection (2) (b) , the court may grant leave only if it is satisfied the child’s parent has new evidence to give to the court. This part applies, with the changes prescribed in subsections (5) to (5D) and all other necessary changes, to the application as if it were an application for a child protection order for the child. If the application is made by the child or a parent of the child— other parents of the child and the litigation director become respondents to the application; and immediately after the application is made, the registrar must give written notice to the litigation director and chief executive of the time and place for hearing the application; and as soon as practicable after receiving the registrar’s notice, the chief executive must comply with section 56 except so far as it relates to the applicant. Subsection (5B) applies if the litigation director or the child applies to— vary or revoke a long-term guardianship order for the child; or revoke a long-term guardianship order for the child and make a permanent care order for the child in its place. Section 59 (1) (a) and (e) , (6) (a) , (7) and (8) does not apply to the application. However, subsection (5B) does not apply in relation to the application if— the application is an application by the litigation director or the child mentioned in subsection (5A) (b) ; and the court orders, on its own initiative or on the application of the litigation director or the child, that the provisions of section 59 mentioned in subsection (5B) are to apply to the application. The court may make an order under subsection (5C) (b) only if it is satisfied that, because of exceptional circumstances, it is in the best interests of the child for the provisions of section 59 mentioned in subsection (5B) to apply to the application. The court may, under subsection (1) (a) , revoke a child protection order for a child only if it is satisfied the order is no longer appropriate and desirable for the child’s protection. Without limiting the things to which the court may have regard in deciding an application under this section, the court— may have regard to a contravention of the child protection order or this Act; and for an application to revoke a child protection order granting long-term guardianship of a child under section 61 (f) (i) or (ii) —must have regard to the child’s need for emotional security and stability. In this section— child protection order does not include an interim order under section 67 . s 65 amd 2000 No. 7 s 19 sub 2003 No. 57 s 39 (1) sch 3 amd 2010 No. 33 s 43 ; 2016 No. 23 s 56 ; 2017 No. 44 s 36 (sec.65-ssec.1) The litigation director, a child’s parent or the child may apply to the Childrens Court for an order to— vary or revoke a child protection order, other than a permanent care order, for the child; or revoke a child protection order, other than a permanent care order, for the child and make another child protection order in its place. (sec.65-ssec.2) However, a child’s parent can not— apply for an order to revoke a child protection order for the child and make another child protection order in its place that grants guardianship of the child; or without the leave of the court, apply for an order to vary or revoke a child protection order for the child if another application for an order by a parent of the child to vary or revoke the child protection order has been decided by the court; or apply to vary a long-term guardianship order granting long-term guardianship of the child to the chief executive to grant long-term guardianship of the child to a suitable person mentioned in section 61 (f) (i) or (ii) . (sec.65-ssec.3) For subsection (2) (b) , the court may grant leave only if it is satisfied the child’s parent has new evidence to give to the court. (sec.65-ssec.4) This part applies, with the changes prescribed in subsections (5) to (5D) and all other necessary changes, to the application as if it were an application for a child protection order for the child. (sec.65-ssec.5) If the application is made by the child or a parent of the child— other parents of the child and the litigation director become respondents to the application; and immediately after the application is made, the registrar must give written notice to the litigation director and chief executive of the time and place for hearing the application; and as soon as practicable after receiving the registrar’s notice, the chief executive must comply with section 56 except so far as it relates to the applicant. (sec.65-ssec.5A) Subsection (5B) applies if the litigation director or the child applies to— vary or revoke a long-term guardianship order for the child; or revoke a long-term guardianship order for the child and make a permanent care order for the child in its place. (sec.65-ssec.5B) Section 59 (1) (a) and (e) , (6) (a) , (7) and (8) does not apply to the application. (sec.65-ssec.5C) However, subsection (5B) does not apply in relation to the application if— the application is an application by the litigation director or the child mentioned in subsection (5A) (b) ; and the court orders, on its own initiative or on the application of the litigation director or the child, that the provisions of section 59 mentioned in subsection (5B) are to apply to the application. (sec.65-ssec.5D) The court may make an order under subsection (5C) (b) only if it is satisfied that, because of exceptional circumstances, it is in the best interests of the child for the provisions of section 59 mentioned in subsection (5B) to apply to the application. (sec.65-ssec.6) The court may, under subsection (1) (a) , revoke a child protection order for a child only if it is satisfied the order is no longer appropriate and desirable for the child’s protection. (sec.65-ssec.7) Without limiting the things to which the court may have regard in deciding an application under this section, the court— may have regard to a contravention of the child protection order or this Act; and for an application to revoke a child protection order granting long-term guardianship of a child under section 61 (f) (i) or (ii) —must have regard to the child’s need for emotional security and stability. (sec.65-ssec.8) In this section— child protection order does not include an interim order under section 67 . - (a) vary or revoke a child protection order, other than a permanent care order, for the child; or - (b) revoke a child protection order, other than a permanent care order, for the child and make another child protection order in its place. - (a) apply for an order to revoke a child protection order for the child and make another child protection order in its place that grants guardianship of the child; or - (b) without the leave of the court, apply for an order to vary or revoke a child protection order for the child if another application for an order by a parent of the child to vary or revoke the child protection order has been decided by the court; or - (c) apply to vary a long-term guardianship order granting long-term guardianship of the child to the chief executive to grant long-term guardianship of the child to a suitable person mentioned in section 61 (f) (i) or (ii) . - (a) other parents of the child and the litigation director become respondents to the application; and - (b) immediately after the application is made, the registrar must give written notice to the litigation director and chief executive of the time and place for hearing the application; and - (c) as soon as practicable after receiving the registrar’s notice, the chief executive must comply with section 56 except so far as it relates to the applicant. - (a) vary or revoke a long-term guardianship order for the child; or - (b) revoke a long-term guardianship order for the child and make a permanent care order for the child in its place. - (a) the application is an application by the litigation director or the child mentioned in subsection (5A) (b) ; and - (b) the court orders, on its own initiative or on the application of the litigation director or the child, that the provisions of section 59 mentioned in subsection (5B) are to apply to the application. - (a) may have regard to a contravention of the child protection order or this Act; and - (b) for an application to revoke a child protection order granting long-term guardianship of a child under section 61 (f) (i) or (ii) —must have regard to the child’s need for emotional security and stability.