Australian Capital Territory Current Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 467

Care and protection order—revocation applications

    (1)     A person may apply to the Childrens Court for revocation of a care and protection order, or a provision in a care and protection order if the person—

        (a)     believes on reasonable grounds that—

              (i)     the child or young person would not be in need of care and protection if the order or provision were revoked; or

              (ii)     the order cannot be administered effectively because of the child's or young person's persistent refusal to comply with the residence provision of the order; or

              (iii)     it is otherwise in the best interests of the child or young person to revoke the order or provision; and

        (b)     has the leave of the Childrens Court to make the application.

    (2)     The Childrens Court must give leave to someone who was a party to the proceeding in which the care and protection order was made.

    (3)     However, the Childrens Court may give leave to someone to apply more than once in a 12 month period only if satisfied that there has been a significant change in any relevant circumstances since the care and protection order was made or last extended or amended.

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).



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