Children and Young Persons (Savings and Transitional) Regulation 2000
Current version for 7 February 2011 to date (accessed 19 May 2013 at 19:09)
Part 3Clause 22

22   Application of old Act to orders under new Act

(1)  For the purposes of the application of the provisions of the old Act that are not repealed on or before the commencement of this Regulation to orders that are made under the new Act after that commencement, an order under a provision of the new Act specified in Column 1 of the following Table is taken to be an order under the provision of the old Act (if any) specified opposite in Column 2 of the Table.

Column 1

Column 2

Children and Young Persons (Care and Protection) Act 1998

Children (Care and Protection) Act 1987

Section

Order

Section

Order

38 (3)

Order (by consent) allocating parental responsibility to the Minister

72 (1) (c) (iii)

Order by declaring a child to be a ward

38 (3)

Order (by consent) allocating parental responsibility from one parent to the exclusion of the other

72 (1) (c) (ii)

Order granting custody to one parent only

38 (3)

Order (by consent) allocating parental responsibility to one or both parents and a third party

72 (1) (c) (ii)

Order granting custody to parents and a third party jointly

38 (3)

Order (by consent) allocating parental responsibility to another suitable person

72 (1) (c) (ii)

Order placing a child in the custody of a person

46

Emergency care and protection order

77

Order for care of children during adjournments

48

Order for the removal of a child or young person from premises or place specified in the order

59

Order for the removal of a child from premises specified in the order

49 (2)

Order vesting care responsibility in designated agency pending care proceedings

77

Order for care of children during adjournments

53

Examination and assessment orders

 

No equivalent order

69

Interim care orders

77

Order for the care of children during adjournments

70

Interim care orders

77

Order for the care of children during adjournments

73

Order with undertakings given by person having parental responsibility

72 (1) (b) (i)

Order with undertakings given by person responsible

73

Order with undertakings given by child or young person

72 (1) (b) (ii)

Order with undertakings given by child

73

Order with undertakings given by person having parental responsibility and child or young person

72 (1) (b) (iii)

Order with undertakings given by person responsible and child

74

Consent order directing a person or organisation to provide support services

 

No equivalent order

75

Order for child or young person to attend a therapeutic or treatment program

 

No equivalent order

76

Order placing a child or young person under the Director-General’s supervision (not to exceed 12 months, but may be extended at a later date)

72 (1) (c) (i)

Order placing a child under the supervision of an officer

79 (1) (a) (i)

Order allocating parental responsibility to one parent to the exclusion of the other

72 (1) (c) (ii)

Order granting custody to one parent only

79 (1) (a) (ii)

Order allocating parental responsibility to one or both parents and a third party

72 (1) (c) (ii)

Order granting custody to parents and a third party jointly

79 (1) (a) (iii)

Order allocating parental responsibility to another suitable person

72 (1) (c) (ii)

Order placing a child in the custody of a person

79 (1) (b)

Order allocating parental responsibility to the Minister

72 (1) (c) (iii)

Order declaring a child to be ward

86

Contact order

 

No equivalent order

90

Rescission and variation of care orders

75

Order rescinding or varying a care order

118 (1)

Order (by consent) giving effect to an alternative parenting plan allocating parental responsibility to another person, other than the Minister

72 (1) (c) (ii)

Order placing a child in the custody of a person

118 (1)

Order (by consent) giving effect to an alternative parenting plan allocating parental responsibility to the Minister

72 (1) (c) (iii)

Order declaring a child to be a ward

119

Registration of an alternative parenting plan involving allocation of parental responsibility to a person other than the Minister

72 (1) (c) (ii)

Order placing a child in the custody of a person

119

Registration of an alternative parenting plan allocating parental responsibility to the Minister

72 (1) (c) (iii)

Order declaring a child to be a ward

124

Compulsory assistance order (not yet commenced)

 

No equivalent order

131

Orders associated with a compulsory assistance order (not yet commenced)

 

No equivalent order

176 (6)

Order that a child or young person be subject to a special medical examination without consent (not yet commenced)

21 (6)

Order that a child be subject to a special medical examination without consent

(2)  An order made by the Children’s Court under section 79 (1) (a) (ii) or (iii) of the new Act is taken to include an order under section 72 (1) (c) (i) of the old Act.
(3)  Section 19 of the old Act applies to a child or young person in respect of whom:
(a)  an order is made under the new Act that places the child or young person in the care of another person, or
(b)  a temporary care arrangement is made under section 151 of the new Act.
(4)  A child or young person for whom the Minister acquires parental responsibility under the new Act is taken to be a ward for the purposes of the application, in accordance with this clause, of the provisions of the old Act to the child or young person.
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