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Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017
Part 10Amendment of Children and Young People (Safety) Act 2017
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Part 10—Amendment of Children and Young People (Safety) Act 2017
49—Amendment of section 28—Chief Executive to prepare case plan in respect of certain children and young people
Section 28(5), definition of prescribed child or young person, (b)—after "Act" insert:
(other than a child or young person in relation to whom an order contemplated by section 91 placing the child or young person into the long-term guardianship of a person has been made)
50—Amendment of section 32—Chief Executive must assess and take action on each report indicating child or young person may be at risk
Section 32—after subsection (4) insert:
(5) The regulations may make further provision in relation to an assessment under this section (including provisions relating to a system referred to in subsection (2) and the disclosure and confidentiality of information gathered, collated or provided under the system).
51—Amendment of section 33—Chief Executive may refer matter
Section 33(5)—delete subsection (5)
52—Amendment of section 53—Orders that can be made by Court
Section 53—after subsection (1) insert:
(1a) Without limiting the orders that can be made under subsection (1), the Court may make an order placing a child or young person under the guardianship of a specified parent of the child or young person.
Note—
Such an order would confer guardianship on the specified parent to the exclusion of the rights of any other parent of the child or young person—see section 68.
(1b) Without limiting the orders that can be made under subsection (1), the Court may, if the Court makes an order placing a child or young person under the guardianship of the Chief Executive or a specified person or persons—
(a) until the child or young person attains 18 years of age; or
(b) such that the child or young person has been under the guardianship of the Chief Executive, or the person or persons, for a period of at least 24 continuous months,
make a declaration of the name by which the child or young person is to be known.
(1c) However, the Court may only make a declaration under subsection (1b) if the Court is satisfied that it is in the best interests of the child or young person to do so.
(1d) If the Court makes a declaration under subsection (1b)—
(a) the Registrar of the Court must give notice of the declaration to the Registrar of Births, Deaths and Marriages in accordance with any requirements in the regulations; and
(b) the Registrar of Births, Deaths and Marriages must, as soon as is reasonably practicable after receiving the notice, register the change of name under section 28(1) of the Births, Deaths and Marriages Registration Act 1996.
(1e) Sections 26, 27 and 28(2)and (3) of the Births, Deaths and Marriages Registration Act 1996 do not apply in relation to a change of name under this section.
(1f) Nothing in this section prevents the name of a child or young person being later changed in accordance with the law of the State.
53—Amendment of section 90—Long‑term care plan to be prepared
Section 90(3)—delete subsection (3) and substitute:
(3) The Chief Executive must cause a copy of a long‑term care plan to be provided to the Court in any application contemplated by section 91.
54—Amendment of section 103—Interpretation
(1) Section 103, definition of children's residential facility, (d)—delete "a training" and substitute:
other
(2) Section 103, definition of children's residential facility—after paragraph (d) insert:
(da) a training centre established under the Youth Justice Administration Act 2016; or
55—Insertion of Chapter 7 Part 7A
After section 110 insert: