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Children and Young Persons (Care and Protection) Act 1998
38EContract breach notices
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#### 38E Contract breach notices
38E Contract breach notices
> > (1) The Secretary may file a contract breach notice with the Children’s Court in relation to a parent responsibility contract if—
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> > > (a) a party to the contract has breached a term of the contract, and
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> > > (b) the contract authorises the Secretary to file a contract breach notice with the Children’s Court for breaches of the kind committed by any party to the contract.
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> > (2) A contract breach notice must state the following matters—
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> > > (a) the name of the party to the contract who is alleged to have breached the parent responsibility contract,
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> > > (b) each provision of the parent responsibility contract that the party to the contract is alleged to have breached,
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> > > (c) the manner in which the party to the contract is alleged to have breached the provision,
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> > > (d) the care orders that the Secretary will seek from the Children’s Court in respect of the child or young person concerned,
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> > > (e) such other matters as may be prescribed by the regulations.
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> > (3) The Secretary is to cause a copy of a contract breach notice filed with the Children’s Court (along with a copy of the parent responsibility contract) to be served on each of the following persons as soon as is reasonably practicable after filing the notice—
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> > > (a) each party to the parent responsibility contract,
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> > > (b) the child or young person for whom the party breaching the contract is a primary care-giver.
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> > (4) (Repealed)
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> > (5) A reference in this Act to the Secretary duly filing a contract breach notice is a reference to the Secretary filing the notice in accordance with the provisions of this section.
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> **s 38E:** Ins 2006 No 67, Sch 1 \[9\]. Am 2014 No 8, Sch 1 \[23\]–\[28\].