New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 61

61 Applications for care orders

(1) A care order may be made only on the application of the Secretary, except as provided by this Chapter.

(1A) A care application must specify the particular care order sought and the grounds on which it is sought.

(2) A care application must be accompanied by a written report specifying such information as may be prescribed for the purposes of this section by the rules made under the Children's Court Act 1987 .

(2A) However, a written report is not required to accompany a care application if--

(a1) the application is for a variation of an interim order under section 90AA, or

(a) the application is for the rescission or variation of a care order under section 90, or

(b) such a report has previously been provided to the Children's Court in relation to the child or young person concerned.

(3) The order sought may be varied--

(a) without the leave of the Children's Court at any time before a determination is made under section 72 in relation to the care application concerned, and

(b) after such a determination is made--only with the leave of the Children's Court.

Note : Section 34 requires the Secretary to consider a variety of alternative means to provide for the safety, welfare and well-being of the child or young person before commencing proceedings in the Children's Court.
Section 37(1A) requires the Secretary, on determining that a child or young person is at risk of significant harm, to offer alternative dispute resolution processes to the family of the child or young person (subject to certain exceptions) before seeking care orders.
Section 71 sets out the various grounds that enable the making of a care order.