New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 149A

149A Variation or rescission of order for sole parental responsibility

(1) An application for the variation or rescission of a sole parental responsibility order under section 149 in respect of a child or young person cannot be brought except with:

(a) the leave of the Children’s Court, and

(b) the consent of the principal officer of the designated agency that had last supervised the placement of the child or young person.

(2) If:

(a) the principal officer of the designated agency that had last supervised the placement of the child or young person gives consent under subsection (1) (b), and

(b) the designated agency has provided support for the placement,

the principal officer must provide the Children’s Court with a report concerning the placement together with such other information as may be relevant to the application.

(3) Section 90 (6) applies to the determination of an application to vary or rescind a sole parental responsibility order under section 149 in respect of a child or young person in the same way as it applies to the variation or rescission of a care order.

(4) This section does not limit or affect the making of an application to the Children’s Court by the Director-General under section 45 or 61.

Note: Section 247 provides that nothing in this Act limits the jurisdiction of the Supreme Court. Consequently, nothing in this section will limit that jurisdiction.

(5) The regulations may make provision for or with respect to:

(a) the form and manner in which a consent is to be given for the purposes of this section, and

(b) the form and contents of a report under subsection (2).