61AApplications for care orders by filing contract breach notices

61A Applications for care orders by filing contract breach notices

61A Applications for care orders by filing contract breach notices

(1) If the Secretary duly files a contract breach notice with the Children’s Court, the filing of the notice is an application for the care orders specified in the notice.

(2) If a care application is made by filing a contract breach notice, references to a parent in the provisions of this Part relating to the making and determination of a care application in respect of a child or young person are to be read as including a reference to a primary care-giver for the child or young person who is a party to the parent responsibility contract concerned even if he or she is not a parent of the child or young person.

(3) Accordingly, the Children’s Court may make the same kinds of orders in respect of such a primary care-giver for a child or young person as the Court may make in respect of a parent of the child or young person.

(4) Sections 63 (Evidence of prior alternative action) and 64 (Notification of care applications) do not apply to a care application that is made by filing a contract breach notice.

Note.

Section 38E(3) requires the Secretary to notify the other parties to a parent responsibility contract and the children and young persons for whom they are primary care-givers that a contract breach notice has been filed with the Children’s Court.

s 61A: Ins 2006 No 67, Sch 1 [11].