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CHILD PROTECTION ACT 1999 - SECT 65
Variation and revocation of particular child protection orders
(1) The litigation director, a child’s parent or the child may apply to the
Childrens Court for an order to— (a) vary or revoke a
child protection order, other than a permanent care order, for the child; or
(b) revoke a child protection order, other than a permanent care order, for
the child and make another child protection order in its place.
(2) However,
a child’s parent can not— (a) apply for an order to revoke a
child protection order for the child and make another child protection order
in its place that grants guardianship of the child; or
(b) without the leave
of the court, apply for an order to vary or revoke a child protection order
for the child if another application for an order by a parent of the child to
vary or revoke the child protection order has been decided by the court; or
(c) apply to vary a long-term guardianship order granting long-term
guardianship of the child to the chief executive to grant long-term
guardianship of the child to a suitable person mentioned in section 61 (f) (i)
or (ii) .
(3) For subsection (2) (b) , the court may grant leave only if it
is satisfied the child’s parent has new evidence to give to the court.
(4)
This part applies, with the changes prescribed in subsections (5) to (5D) and
all other necessary changes, to the application as if it were an application
for a child protection order for the child.
(5) If the application is made by
the child or a parent of the child— (a) other parents of the child and the
litigation director become respondents to the application; and
(b)
immediately after the application is made, the registrar must give written
notice to the litigation director and chief executive of the time and place
for hearing the application; and
(c) as soon as practicable after receiving
the registrar’s notice, the chief executive must comply with section 56
except so far as it relates to the applicant.
(5A) Subsection (5B) applies if
the litigation director or the child applies to— (a) vary or revoke a
long-term guardianship order for the child; or
(b) revoke a long-term
guardianship order for the child and make a permanent care order for the child
in its place.
(5B) Section 59 (1) (a) and (e) , (6) (a) , (7) and (8) does
not apply to the application.
(5C) However, subsection (5B) does not apply in
relation to the application if— (a) the application is an application by the
litigation director or the child mentioned in subsection (5A) (b) ; and
(b)
the court orders, on its own initiative or on the application of the
litigation director or the child, that the provisions of section 59 mentioned
in subsection (5B) are to apply to the application.
(5D) The court may make
an order under subsection (5C) (b) only if it is satisfied that, because of
exceptional circumstances, it is in the best interests of the child for the
provisions of section 59 mentioned in subsection (5B) to apply to the
application.
(6) The court may, under subsection (1) (a) , revoke a
child protection order for a child only if it is satisfied the order is no
longer appropriate and desirable for the child’s protection.
(7) Without
limiting the things to which the court may have regard in deciding an
application under this section, the court— (a) may have regard to a
contravention of the child protection order or this Act; and
(b) for an
application to revoke a child protection order granting long-term guardianship
of a child under section 61 (f) (i) or (ii) —must have regard to the
child’s need for emotional security and stability.
(8) In this section—
"child protection order" does not include an interim order under section 67 .
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