New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 61

61 Applications for care orders

(1) A care order may be made only on the application of the Director-General, except as provided by this Chapter.

(2) A care application must:

(a) specify the particular care order sought and the grounds on which it is sought, and

(b) without limiting paragraph (a), be accompanied by a written report specifying such information as may be prescribed for the purposes of this section by the rules made under the Children’s Court Act 1987 .

(3) The order sought may be varied:

(a) without the leave of the Children’s Court at any time before a determination is made under section 72 in relation to the care application concerned, and

(b) after such a determination is made-only with the leave of the Children’s Court.

Note: Section 34 requires the Director-General to consider a variety of alternative means to provide for the safety, welfare and well-being of the child or young person before commencing proceedings in the Children’s Court.
Section 71 sets out the various grounds that enable the making of a care order.