Australian Capital Territory Numbered Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 (NO. 19 OF 2008) - SECT 390

    (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 chief executive); or

        (b)     shared with a person (other than the chief executive) 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 chief executive 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 chief executive parental responsibility for the child or young person (see  s 76).

    (2)     The chief executive 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 chief executive) to the effect that the party has had an opportunity to get legal advice about the meaning and effect of the agreement.

    (4)     The chief executive must give the public advocate a copy of the application.