New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 75

75 Order to attend therapeutic treatment

(1) The Children's Court may, subject to this section, make an order--

(a) requiring a child of less than 14 years of age to attend a therapeutic program relating to sexually abusive behaviours, and

(b) requiring the parents of a child to take whatever steps are necessary to enable a child to participate in a treatment program,

in accordance with such terms as are specified in the order.

(1A) An order under this section may be made only in respect of a child who has exhibited sexually abusive behaviour.

(1B) The Children's Court may, subject to this section, make an order requiring a parent of a child or young person--

(a) to attend a therapeutic program relating to sexually abusive behaviours, or

(b) to attend any other kind of therapeutic or treatment program,

in accordance with such terms as are specified in the order.

(2) An order cannot be made under this section if--

(a) in the case of an order under subsection (1)--the child is or has been convicted in criminal proceedings arising from the same sexually abusive behaviours, or

(b) in the case of an order under subsection (1B)(a)--the parent is or has been convicted in criminal proceedings arising from the same sexually abusive behaviours.

(2A) A reference in this section to a therapeutic or treatment program includes a reference to a therapeutic or treatment program that requires a participant to reside at a particular location during the whole or part of the time when the program is being conducted.

(3) An order cannot be made under this section unless the Children's Court has been presented with and has considered the provisions of a treatment plan that outlines the therapeutic program or treatment program proposed for the child or parent (as the case may be).

(4) An order cannot be made under this section in proceedings in relation to an application for a guardianship order, or a proposed guardianship order by consent pursuant to section 38.