48Variation, revocation, suspension and end of care and protection order or interim care and protection order

48 Variation, revocation, suspension and end of care and protection order or interim care and protection order

(1)  A care and protection order or an interim care and protection order –

(a) [Section 48 Subsection (1) amended by No. 22 of 2009, s. 13, Applied:01 Aug 2009] may be varied or revoked by the Court at any time on the application of the child, the Secretary or a person granted guardianship or custody by the order; and

(ab) [Section 48 Subsection (1) amended by No. 22 of 2009, s. 13, Applied:01 Aug 2009] may be varied or revoked by the Court on the application of a former guardian of the child or a person who was party to the application for the order, other than a person referred to in paragraph (a) , if –

(i) circumstances have changed since the order was made; and

(ii) the application is made with the leave of the Court; and

(b) ceases to have effect when the child attains 18 years of age.

(2)  [Section 48 Subsection (2) substituted by No. 64 of 2013, s. 22, Applied:28 Feb 2018] A care and protection order under section 42(4)(c) granting guardianship of a child to a person until the child attains 18 years of age ceases to have effect on the making of a parenting order under Part VII of the Family Law Act 1975 of the Commonwealth in respect of the child.

(3)  A care and protection order that has ceased to have effect under subsection (2) is revived if –

(a) the application for the parenting order or registration of a parenting plan is withdrawn; or

(b) the order sought or registration is refused; or

(c) the parenting order made or the parenting plan registered is not in the terms to which the Secretary and parties to the proceedings agreed.