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

### 71 Review of circumstances of child under long-term guardianship of Secretary > > (1)  [*\[Section 71 Subsection (1) amended by No. 22 of 2009, s. 16, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS16@Hpa@EN) [*\[Section 71 Subsection (1) amended by No. 22 of 2009, s. 16, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS16@Hpb@EN) [*\[Section 71 Subsection (1) substituted by No. 64 of 2013, s. 32, Applied:28 Feb 2018\]*](/view/html/inforce/2018-02-28/act-2013-064#GS32@EN) Where a child is subject to a care and protection order under [section 42(4)(c)](#GS42@Gs4@Hpc@EN) 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) [*\[Section 71 Subsection (3) amended by No. 22 of 2009, s. 16, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS16@Hpc@EN) 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) [*\[Section 71 Subsection (3) amended by No. 22 of 2009, s. 16, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS16@Hpd@EN) any person the Secretary considers appropriate; and > > > > > > > (e) if the child is an Aboriginal child, the appropriate recognised Aboriginal organisation. > > > (4)  Despite [subsection (3)](#GS71@Gs3@EN) , the Secretary is not obliged to give a copy of his or her determination to a particular person if – > > > > > > (a) the Secretary considers that it would not be in the best interests of the child to do so; or > > > > > > > (b) the whereabouts of the person cannot be ascertained after reasonable enquiries.