Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 425

    (1)     Someone (the other applicant ) other than the director-general may apply to the Childrens Court for a care and protection order for a child or young person if—

        (a)     the other applicant believes on reasonable grounds that the child or young person is in need of care and protection; and

        (b)     if the director-general has not applied for a care and protection order for the child or young person—the other applicant has consulted the director-general about the application; and

        (c)     the other applicant has the leave of the Childrens Court to make the application.

    (2)     If the other applicant seeks the leave of the Childrens Court to make the application, the Childrens Court—

        (a)     must hear the other applicant and the director-general; and

        (b)     may give the other applicant leave to make the application.

    (3)     If the other applicant applies for a care and protection order for a child or young person, the following may each appear and be heard in the proceeding:

        (a)     the director-general;

        (b)     the public advocate;

        (c)     if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.

Note 1     Statements, documents and reports must be included in the application (see  s 696).

Note 2     Oral applications may also be made (see  s 698).