CARE AND PROTECTION OF CHILDREN AMENDMENT BILL 2014 Explanatory Statement

LEGISLATIVE ASSEMBLY

OF THE NORTHERN TERRITORY

MINISTER FOR CHILDREN AND FAMILIES

SERIAL NO. 106

EXPLANATORY STATEMENT

CARE AND PROTECTION OF CHILDREN AMENDMENT BILL 2014

The purpose of this Bill is to amend the Act to introduce a new Court Order, namely a Permanent Care Order for children who at the time of making an application, are in care until 18 years of age on a long-term Protection Order. The Order will effectively remove children from the statutory child protection system by providing a stable long-term placement for the child until they turn 18 years of age and carers will be given full parental rights. This will enable them to make major decisions for children in their care and remove the requirement for ongoing state intervention in their lives.

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Care and Protection of Children Amendment Act 2014

This is a formal clause that provides that the Act commences on the date fixed by the Administrator by Gazette notice.

This is a formal clause that provides that the Act amends the Care and Protection of Children Act.

The clause has been amended to state that if a Permanent Care Order is in force, the CEO is able to take the child into Provisional Protection. If this occurs, the CEO must inform the person who has parental responsibility for the child. This provision is required as the carer of a child subject to a Permanent Care Order has full parental rights for a child in their care.

This clause requires that the CEO at the expiration of a period of Provisional Protection, must return a child subject to a Permanent Care Order to the person to whom parental responsibility for the child has been given. This provision is required as the person caring for a child subject to a Permanent Care Order has full parental rights for a child in their care.

This clause enables the CEO to apply to the Court for a Temporary Protection Order whether or not a Permanent Care Order is in force for the child. This provision is required as the person caring for a child subject to a Permanent Care Order has full parental rights for a child in their care.

This clause enables the CEO to give a copy of a Temporary Protection Order to the person whom has parental responsibility for a child subject to a Permanent Care Order and specifies the CEO may give the copy by personally serving it, leave it at the last known address or send by post to that address. This provision is required as the person caring for a child subject to a Permanent Care Order has full parental rights for a child in their care.

This clause requires that at the expiration of a Temporary Protection Order the CEO must return a child subject to a Permanent Care Order to the person to whom parental responsibility for the child has been given. The CEO may also return the child subject to a Permanent Care Order prior to the expiration of the Temporary Protection Order to the person who has parental responsibility for the child. This provision is required as the person caring for a child subject to a Permanent Care Order has full parental rights for a child in their care.

This clause restricts the CEO from applying for another Temporary Protection Order for a child while an existing Temporary Protection Order is in force if the CEO did not return the child subject to a Permanent Care Order to the person who has parental responsibility for the child. Further, the clause enables the CEO to apply for a Temporary Protection Order for the child after the child subject to a Permanent Care Order has returned to the person whom has parental responsibility for the child. This provision is required as the person caring for a child subject to a Permanent Care Order has full parental rights for a child in their care.

A permanent care order is defined as an order made by the Court that is in force for a child until they turn 18 years of age which orders that a person has parental responsibility for the child. The clause outlines that only the CEO may apply to the Court for a permanent care order, if it is reasonably believed the child would be in need of protection but for the fact that at the time the application is made a protection order with a long-term parental responsibility direction to the CEO or a specified person (or both) is in force for the child until immediately before the child turns 18 years of age, that it is the best means of safeguarding the wellbeing of the child and the person proposed to have parental responsibility has demonstrated their suitability to have that responsibility.

The CEO must specify in the application for a permanent care order, the proposed order, when the order is proposed to have effect, why the CEO considers the order necessary, and a statement that the person to whom parental responsibility will be given consents to the making of the order . The CEO may also include in the application a direction authorising that the child may travel outside Australia without the consent of the child’s parent (birth parent).This is to ensure that the child can be issued with a passport.

On making the application the CEO must give each parent of the child and the person proposed to be given parental responsibility for the child a copy of the application as well as written notice stating when and where the application will be heard and that it may be heard and decided in the absence of either. The CEO may also give a copy of the application to the child if appropriate based on their level of maturity and understanding.

The parents are the respondents in the proceeding and other parties to the proceedings are the CEO, the child and the person proposed to be given parental responsibility for the child under the order.

This clause enables the court to hear the application in the absence of a parent of the child if the Court is satisfied that the CEO has given a notice to the parent that complies with s137C(1)(b) or the CEO has not given a notice however the Court is satisfied that the application should be heard in the absence of a parent despite the non-compliance.

This clause enables the Court to make the order as proposed by the CEO, and on making the order the protection order in force for the child is revoked. The Court may on making the order where the application specifies a direction authorising the child to travel outside Australia without the consent of a parent of the child, make that direction. The Court may not make any other directions.

The court must make the order if it is satisfied that the child would be in need of protection but for the fact that the child is in the care of the CEO or another person, that it is the best means of safeguarding the wellbeing of the child and that the person proposed to be given parental responsibility has demonstrated their suitability to have that responsibility.

In making the decision the Court must consider the wishes of the child, the parent of the child, the person proposed to be given parental responsibility, any other person considered by the Court to have a direct and significant interest in the wellbeing of the child and any other matters the Court considers to be relevant.

To avoid doubt this order may be made by the Court even if the circumstances causing the child to be in need of protection occurred outside the Territory or Australia or partly in the Territory and partly outside the Territory or Australia.

The order has effect until the child turns 18 years of age unless the Court revokes the order under s137M

Once the order is made the CEO must give each party to the proceedings a copy of the order, a written notice which explains the effect of the order and states that a party may appeal under Division 6 of the Act within 28 days and how the appeal may be instituted.

The CEO may give the copy and notice by personally serving it on the party or if the CEO considers it impracticable to do so, leave them at the party’s last known address or send by post to that address.

THE CEO must explain the effect of the order and notice on the child and may give the child a copy of the order and notice if it is appropriate to do so having regard to the child’s level of maturity and understanding.

Prior to the order ceasing to be in force the CEO may apply to the Court for the order to be revoked, or revoked and replaced by a protection order. The Court may revoke the order only if the Court is satisfied that to revoke the order is the best means of safeguarding the child’s wellbeing.

The CEO after making the application must give a copy of the application to each party to the proceedings for the making of the permanent care order.

In considering the application the Court may take into account any contraventions of the order by a person or any contravention of the Care and Protection of Children Act in relation to the child by a person.

This clause specifies that the Court may adjourn proceedings for an application for a Permanent Care Order.

If the Court grants an adjournment for a Permanent Care Order, it may order that a report be prepared about the child, the child’s family and the person proposed to be given parental responsibility for the child.

This clause prevents the Supreme Court from varying a Permanent Care Order on appeal. The Order is not able to be varied, it may only be revoked. The Order grants full parental responsibility to the person caring for the child, the intent of the Order is to provide permanency for the child and create a sense of normalcy in a family environment. The Supreme Court will not have the power to vary the Order, for example specify conditions such as contact arrangements, in the Order, as this is inconsistent with the intent of the Order.

This clause relates to the disclosure of a child’s identity and is being amended to indicate that a person must not publish any material that may indicate a child is or was a child for whom an application for a Permanent Care Order has either been made or is in force.

This is a formal clause that provides that the Act, having inserted the provision into the Care and Protection of Children Act, expires on the day after it commences.

Northern Territory Explanatory Statements

CARE AND PROTECTION OF CHILDREN AMENDMENT BILL 2014