12Form of child’s or young person’s consent to guardianship order—the Act, s 79A(3)

12 Form of child’s or young person’s consent to guardianship order—the Act, s 79A(3)

12 Form of child’s or young person’s consent to guardianship order—the Act, s 79A(3)

(1) For the Act, section 79A(3)(d), the consent of a child or young person must—

(a) be written, and

(b) be signed by the child or young person in the presence of a relevant witness, and

(c) include a statement from the relevant witness that the witness complied with subsections (2) and (3).

(2) The relevant person must explain to the child or young person the nature of the guardianship order to which the consent relates.

(3) The explanation must—

(a) be given at least 14 days before the consent is signed by the child or young person, and

(b) be given in a way and use language the child or young person can understand, and

(c) include the following information—

(i) if the order is made, all aspects of parental responsibility for the child or young person will be allocated under the order to a specified person or persons,

(ii) an order may be rescinded or varied under the Act, section 90,

(iii) the child or young person is entitled to obtain independent legal advice before signing the consent.

(4) In this section—

relevant witness means—

(a) the principal officer of the designated agency responsible for supervising the placement of the child or young person, or

(b) an employee of the designated agency responsible for supervising the placement of the child or young person who has been directly involved in the supervision of the child or young person’s placement, or

(c) an Australian legal practitioner.