The Children and Young People (Safety) Act 2017 establishes the Youth Court’s Care and Protection jurisdiction, which empowers the Court to hear Applications relating to the care and protection of children and young people.
On the application of a party to the original Care and Protection matter, the Court may vary or revoke an existing order if there has been a significant change in the child’s circumstances.
The Chief Executive may also apply to discharge a Care and Protection Order
The Court also has the power to hear a number of less common Care and Protection matters such as:
- Matters regarding instruments of guardianship or restraining notices;
- Applications to transfer a care and protection order to or from another state; and
- Applications to review certain decisions of the Chief Executive.
In all Care and Protection matters, the paramount consideration is to ensure that children and young people are protected from harm. In addition, the Children and Young People (Safety) Act 2017 provides the following further considerations in the administration of the Act:
- The child’s need to be heard and have their needs considered;
- The child’s need for love and attachment;
- The child’s need for self-esteem;
- The child’s need to achieve their full potential;
- The importance of early intervention;
- The child’s personal views on the matter
- The need to preserve the child’s culture, language and religion; and
- The need to maintain a nurturing, stable and secure environment for the child.
In all Care and Protection matters, the child must be given a reasonable opportunity to personally present to the Court their views relating to their ongoing care and protection, unless it would not be in their best interests to do so.