New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 34

34 Taking of action by Secretary

(1) If the Secretary forms the opinion, on reasonable grounds, that a child or young person is in need of care and protection, the Secretary is to take whatever action is necessary to safeguard or promote the safety, welfare and well-being of the child or young person.

(2) Without limiting subsection (1), the action that the Secretary might take in response to a report includes the following--

(a) providing, or arranging for the provision of, support services for the child or young person and his or her family,

(a1) offering alternative dispute resolution processes to the family of the child or young person as referred to in section 37,

Note : Section 37(1A) requires the Secretary, on determining that a child or young person is at risk of significant harm, to offer these processes to the family of the child or young person (subject to certain exceptions) before seeking care orders.

(b) development, in consultation with the parents (jointly or separately), of a care plan to meet the needs of the child or young person and his or her family that--

(i) does not involve taking the matter before the Children's Court, or

(ii) may be registered with the Children's Court, or

(iii) is the basis for consent orders made by the Children's Court,

(b1) development, in consultation with one or more primary care-givers for a child or young person, of a parent responsibility contract instead of taking a matter concerning the child's or young person's need for care and protection before the Children's Court (except in the event of a breach of the contract),

(c) ensuring the protection of the child or young person by exercising the Secretary's emergency protection powers as referred to in Part 1 of Chapter 5,

(d) seeking appropriate orders from the Children's Court.

Note : In considering what action to take under this section, the Secretary is to have regard to the grounds under section 71 on which the Children's Court may make a care order.