Western Australian Current Acts

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CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 69B

69B .         Replacement of protection order (special guardianship) on notification by CEO

        (1)         If the CEO becomes aware that each individual who is a special guardian under a protection order (special guardianship) has died, the CEO must give written notice of that fact to the Court as soon as practicable.

        (2)         If the CEO gives written notice to the Court under subsection (1), the protection order (special guardianship) is revoked and replaced by a protection order (time-limited) in respect of the child on the day ( notification day ) on which the CEO gives the notice.

        (3)         The protection order (time-limited) —

            (a)         comes into force on notification day; and

            (b)         for the purposes of Subdivision 4, is taken to specify the shorter of the following periods —

                  (i)         the period of 2 years beginning on notification day;

                  (ii)         the period beginning on notification day and ending on the day before the day on which the child reaches 18 years of age.

        (4)         As soon as practicable after notification day, the CEO must give written notice of the protection order (time-limited) to the following —

            (a)         the child;

            (b)         each other party to the initial proceedings (other than the special guardian);

            (c)         each other person considered by the CEO to have a direct and significant interest in the wellbeing of the child.

        (5)         Section 67 applies in relation to a protection order (time-limited) that comes into force under this section as if the reference in section 67(1) to a party to the initial proceedings were a reference to a person notified of the order under subsection (4).

        [Section 69B inserted: No. 18 of 2021 s. 30.]



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