Division 2(1) Despite clause 18A, an application under section 45 of the Children and Young Persons (Care and Protection) Act 1998 must be in writing, but need not be in any particular form.(2) Despite clause 18A:(a) a care proceedings attendance notice under section 109A of the Children and Young Persons (Care and Protection) Act 1998 must be in Form 2, and(b) an arrest warrant under section 109M of the Children and Young Persons (Care and Protection) Act 1998 must be in Form 3, and(c) a warrant of commitment under section 109R of the Children and Young Persons (Care and Protection) Act 1998 must be in Form 4.(3) This clause does not apply to any care application made by filing a contract breach notice within the meaning of the Children and Young Persons (Care and Protection) Act 1998.Note. Section 61A of the Children and Young Persons (Care and Protection) Act 1998 provides that a care application is made if the Director-General files a contract breach notice with the Children’s Court.
21 Report to accompany care applications
For the purposes of section 61 (2) of the Children and Young Persons (Care and Protection) Act 1998, the report that is required to accompany a care application must:(a) provide a summary of the facts, matters and circumstances on which the applicant intends to rely, and(b) state whether or not the child or young person to whom the application relates is currently the subject of an order made by:(i) the Court in the exercise of its jurisdiction under the Children and Young Persons (Care and Protection) Act 1998, or(ii) any other Court in the exercise of its jurisdiction with respect to the custody or guardianship of children or parental responsibility for children.
22 Additional details to accompany certain urgent applications
If an application is made for an emergency care and protection order under section 45 of the Children and Young Persons (Care and Protection) Act 1998, the applicant must by affidavit, by oral evidence or in any other manner approved by the Court, provide details of the reasons why the applicant considers that the child or young person is at risk of serious harm sufficient to warrant the Court making an emergency care and protection order.
23 Commencement of proceedings regarding care application
A Registrar with whom a care application is filed must cause the application (including any accompanying copy) to be endorsed with a notice of the time, date and place set down for a dispute resolution conference or the hearing of the application.
24 Attendance at dispute resolution conferences
A Children’s Registrar may require the attendance of a party, or a party’s legal representative, at a dispute resolution conference.
25 Conduct of dispute resolution conferences
A dispute resolution conference is to be conducted in accordance with any practice directions of the Court dealing with dispute resolution conferences.