71Review of circumstances of child under long-term guardianship of Secretary

71 Review of circumstances of child under long-term guardianship of Secretary

(1)  [Section 71 Subsection (1) amended by No. 22 of 2009, s. 16, Applied:01 Aug 2009] [Section 71 Subsection (1) amended by No. 22 of 2009, s. 16, Applied:01 Aug 2009] [Section 71 Subsection (1) substituted by No. 64 of 2013, s. 32, Applied:28 Feb 2018] Where a child is subject to a care and protection order under section 42(4)(c) that places the child, for a period exceeding 12 months, under the guardianship of a person who is not an existing guardian (whether in addition to, or substitution for, the guardianship of an existing guardian), the Secretary –

(a) must review the circumstances of the child in the first year of that guardianship; and

(b) on his or her own motion or on the application of the child or a person made guardian by the order, may review the circumstances of the child at any time or times after the expiration of that first year.

(2)  On finalising a review, the Secretary must determine whether or not the existing arrangements for the care and protection of the child continue to be in the best interests of the child.

(3)  The Secretary must provide a copy of his or her determination to –

(a) the child; and

(b) the child's guardians; and

(c) [Section 71 Subsection (3) amended by No. 22 of 2009, s. 16, Applied:01 Aug 2009] each person who was a guardian of the child immediately before the order to which the determination relates was made; and

(d) any person who has the daily care of the child and with whom the child resides; and

(da) [Section 71 Subsection (3) amended by No. 22 of 2009, s. 16, Applied:01 Aug 2009] any person the Secretary considers appropriate; and

(e) if the child is an Aboriginal child, the appropriate recognised Aboriginal organisation.