New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 82

82 Report on suitability of arrangements concerning parental responsibility

(1) The Children's Court may, when making an order other than a guardianship order in any care proceedings (the
"relevant proceedings" ) allocating parental responsibility of a child or young person to a person (including the Minister) other than a parent, order a party to the relevant proceedings to prepare a written report concerning the suitability of the arrangements for the care and protection of the child or young person.

(2) The report must--

(a) be provided to the Children's Court within 24 months or such earlier period as the Court may specify, and

(b) include an assessment of progress in implementing the care plan, including progress towards the achievement of a permanent placement, and

(c) unless the Court orders otherwise, be given to each of the other parties to the relevant proceedings.

(2A) A report may be provided to the Children's Court after the time required by subsection (2)(a) if the Court considers it both--

(a) reasonable in the circumstances, and

(b) in the best interests of the child or young person.

(3) If, after considering the report, the Children's Court is not satisfied that proper arrangements have been made for the care and protection of the child or young person concerned, the Court may, on its own motion, conduct a review of progress in implementing the care plan (a
"progress review" ) and re-list the matter for that purpose.

(3A) Before conducting a progress review, and within 30 days of receiving the report, the Children's Court--

(a) is to give notice of the progress review to each party to the relevant proceedings, and

(b) may invite the party to give evidence and make submissions at the progress review, in relation to the progress in implementing the care plan, including progress towards the achievement of a permanent placement.

Note : Section 98 provides that in proceedings with respect to a child or young person, the child or young person (among others) may appear in person or be legally represented.

(4) The Children's Court cannot, however, rescind or vary the order, or make a new order allocating parental responsibility, on its own motion.