22Application of old Act to orders under new Act

#### 22 Application of old Act to orders under new Act 22 Application of old Act to orders under new Act > > (1) For the purposes of the application of the provisions of the old Act that are not repealed on or before the commencement of this Regulation to orders that are made under the new Act after that commencement, an order under a provision of the new Act specified in Column 1 of the following Table is taken to be an order under the provision of the old Act (if any) specified opposite in Column 2 of the Table. > > > > | Column 1 | Column 2 | > > | Children and Young Persons (Care and Protection) Act 1998 | Children (Care and Protection) Act 1987 | > > | Section | Order | Section | Order | > > | 38 (3) | Order (by consent) allocating parental responsibility to the Minister | 72 (1) (c) (iii) | Order by declaring a child to be a ward | > > | 38 (3) | Order (by consent) allocating parental responsibility from one parent to the exclusion of the other | 72 (1) (c) (ii) | Order granting custody to one parent only | > > | 38 (3) | Order (by consent) allocating parental responsibility to one or both parents and a third party | 72 (1) (c) (ii) | Order granting custody to parents and a third party jointly | > > | 38 (3) | Order (by consent) allocating parental responsibility to another suitable person | 72 (1) (c) (ii) | Order placing a child in the custody of a person | > > | 46 | Emergency care and protection order | 77 | Order for care of children during adjournments | > > | 48 | Order for the removal of a child or young person from premises or place specified in the order | 59 | Order for the removal of a child from premises specified in the order | > > | 49 (2) | Order vesting care responsibility in designated agency pending care proceedings | 77 | Order for care of children during adjournments | > > | 53 | Examination and assessment orders | | No equivalent order | > > | 69 | Interim care orders | 77 | Order for the care of children during adjournments | > > | 70 | Interim care orders | 77 | Order for the care of children during adjournments | > > | 73 | Order with undertakings given by person having parental responsibility | 72 (1) (b) (i) | Order with undertakings given by person responsible | > > | 73 | Order with undertakings given by child or young person | 72 (1) (b) (ii) | Order with undertakings given by child | > > | 73 | Order with undertakings given by person having parental responsibility and child or young person | 72 (1) (b) (iii) | Order with undertakings given by person responsible and child | > > | 74 | Consent order directing a person or organisation to provide support services | | No equivalent order | > > | 75 | Order for child or young person to attend a therapeutic or treatment program | | No equivalent order | > > | 76 | Order placing a child or young person under the Director-General’s supervision (not to exceed 12 months, but may be extended at a later date) | 72 (1) (c) (i) | Order placing a child under the supervision of an officer | > > | 79 (1) (a) (i) | Order allocating parental responsibility to one parent to the exclusion of the other | 72 (1) (c) (ii) | Order granting custody to one parent only | > > | 79 (1) (a) (ii) | Order allocating parental responsibility to one or both parents and a third party | 72 (1) (c) (ii) | Order granting custody to parents and a third party jointly | > > | 79 (1) (a) (iii) | Order allocating parental responsibility to another suitable person | 72 (1) (c) (ii) | Order placing a child in the custody of a person | > > | 79 (1) (b) | Order allocating parental responsibility to the Minister | 72 (1) (c) (iii) | Order declaring a child to be ward | > > | 86 | Contact order | | No equivalent order | > > | 90 | Rescission and variation of care orders | 75 | Order rescinding or varying a care order | > > | 118 (1) | Order (by consent) giving effect to an alternative parenting plan allocating parental responsibility to another person, other than the Minister | 72 (1) (c) (ii) | Order placing a child in the custody of a person | > > | 118 (1) | Order (by consent) giving effect to an alternative parenting plan allocating parental responsibility to the Minister | 72 (1) (c) (iii) | Order declaring a child to be a ward | > > | 119 | Registration of an alternative parenting plan involving allocation of parental responsibility to a person other than the Minister | 72 (1) (c) (ii) | Order placing a child in the custody of a person | > > | 119 | Registration of an alternative parenting plan allocating parental responsibility to the Minister | 72 (1) (c) (iii) | Order declaring a child to be a ward | > > | 124 | Compulsory assistance order (not yet commenced) | | No equivalent order | > > | 131 | Orders associated with a compulsory assistance order (not yet commenced) | | No equivalent order | > > | 176 (6) | Order that a child or young person be subject to a special medical examination without consent (not yet commenced) | 21 (6) | Order that a child be subject to a special medical examination without consent | > > > (2) An order made by the Children’s Court under section 79 (1) (a) (ii) or (iii) of the new Act is taken to include an order under section 72 (1) (c) (i) of the old Act. > > > (3) Section 19 of the old Act applies to a child or young person in respect of whom: > > > > > (a) an order is made under the new Act that places the child or young person in the care of another person, or > > > > > (b) a temporary care arrangement is made under section 151 of the new Act. > > > (4) A child or young person for whom the Minister acquires parental responsibility under the new Act is taken to be a ward for the purposes of the application, in accordance with this clause, of the provisions of the old Act to the child or young person.