sec.65AAVariation and revocation of permanent care orders

### sec.65AA Variation and revocation of permanent care orders The litigation director may apply to the Childrens Court for an order to— vary or revoke a permanent care order for a child; or revoke a permanent care order for a child and make another child protection order in its place. However, the litigation director may apply to vary or revoke a permanent care order only if the litigation director is satisfied— that— the child has suffered significant harm, is suffering significant harm, or is at an unacceptable risk of suffering significant harm; and the child’s permanent guardian is not able and willing to protect the child from harm; or the child’s permanent guardian is not complying, in a significant way, with the guardian’s obligations under section 79A (1) . The child’s permanent guardian is not, despite it being in the best interests of the child, helping the child maintain the child’s relationships with the child’s parents or another person of significance to the child. This part applies, with all necessary changes, to the application as if it were an application for a child protection order for the child. The court may revoke a permanent care order for a child only if it is satisfied the revocation of the order— is in the best interests of the child; and will promote the child’s ongoing protection and care needs. Without limiting the matters to which the court may have regard in deciding an application under this section, the court— may have regard to a contravention of the permanent care order or this Act; and must have regard to the child’s need for emotional security and stability. Without limiting the court’s powers, in deciding an application to revoke a permanent care order the court may— revoke the order; or revoke the order and make another child protection order in its place. s 65AA ins 2017 No. 44 s 38 (sec.65AA-ssec.1) The litigation director may apply to the Childrens Court for an order to— vary or revoke a permanent care order for a child; or revoke a permanent care order for a child and make another child protection order in its place. (sec.65AA-ssec.2) However, the litigation director may apply to vary or revoke a permanent care order only if the litigation director is satisfied— that— the child has suffered significant harm, is suffering significant harm, or is at an unacceptable risk of suffering significant harm; and the child’s permanent guardian is not able and willing to protect the child from harm; or the child’s permanent guardian is not complying, in a significant way, with the guardian’s obligations under section 79A (1) . The child’s permanent guardian is not, despite it being in the best interests of the child, helping the child maintain the child’s relationships with the child’s parents or another person of significance to the child. (sec.65AA-ssec.3) This part applies, with all necessary changes, to the application as if it were an application for a child protection order for the child. (sec.65AA-ssec.4) The court may revoke a permanent care order for a child only if it is satisfied the revocation of the order— is in the best interests of the child; and will promote the child’s ongoing protection and care needs. (sec.65AA-ssec.5) Without limiting the matters to which the court may have regard in deciding an application under this section, the court— may have regard to a contravention of the permanent care order or this Act; and must have regard to the child’s need for emotional security and stability. (sec.65AA-ssec.6) Without limiting the court’s powers, in deciding an application to revoke a permanent care order the court may— revoke the order; or revoke the order and make another child protection order in its place. - (a) vary or revoke a permanent care order for a child; or - (b) revoke a permanent care order for a child and make another child protection order in its place. - (a) that— (i) the child has suffered significant harm, is suffering significant harm, or is at an unacceptable risk of suffering significant harm; and (ii) the child’s permanent guardian is not able and willing to protect the child from harm; or - (i) the child has suffered significant harm, is suffering significant harm, or is at an unacceptable risk of suffering significant harm; and - (ii) the child’s permanent guardian is not able and willing to protect the child from harm; or - (b) the child’s permanent guardian is not complying, in a significant way, with the guardian’s obligations under section 79A (1) . Example— The child’s permanent guardian is not, despite it being in the best interests of the child, helping the child maintain the child’s relationships with the child’s parents or another person of significance to the child. - (i) the child has suffered significant harm, is suffering significant harm, or is at an unacceptable risk of suffering significant harm; and - (ii) the child’s permanent guardian is not able and willing to protect the child from harm; or - (a) is in the best interests of the child; and - (b) will promote the child’s ongoing protection and care needs. - (a) may have regard to a contravention of the permanent care order or this Act; and - (b) must have regard to the child’s need for emotional security and stability. - (a) revoke the order; or - (b) revoke the order and make another child protection order in its place.