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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 390

Registered family group conference agreement—application

    (1)     This section applies if, in a family group conference agreement reached at a family group conference arranged under section 80 (2) (Family group conferences—criteria), the parties agree that daily care responsibility or long-term care responsibility for a child or young person should be—

        (a)     transferred from a person to someone else (other than the director-general); or

        (b)     shared with a person (other than the director-general) who would not otherwise have that aspect of parental responsibility for the child or young person.

Note 1     A family group conference may be arranged under s 80 (2) if the director-general believes on reasonable grounds that—

        (a)     the child or young person is in need of care and protection; and

        (b)     arrangements should be made to secure the child's or young person's care and protection.

Note 2     Daily care responsibility is dealt with in s 19.
Long-term care responsibility is dealt with in s 20.

Note 3     A family group conference agreement must not transfer to, or share with, the director-general parental responsibility for the child or young person (see  s 76).

    (2)     The director-general may apply to the Childrens Court to register the family group conference agreement.

Note     If a form is approved under s 886 for an agreement, the form must be used.

    (3)     An application to register a family group conference agreement must be accompanied by—

        (a)     a copy of the family group conference agreement; and

        (b)     a statement signed by each party to the agreement (other than the director-general) to the effect that the party has had an opportunity to get legal advice about the meaning and effect of the agreement.

    (4)     The director-general must give the public advocate a copy of the application.

    (5)     If the child or young person is an Aboriginal or Torres Strait Islander person, the director-general must also give the Aboriginal and Torres Strait Islander children and young people commissioner a copy of the application.



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