Community Welfare Regulations (NT)

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NORTHERN TERRITORY OF AUSTRALIA

community welfare REGULATIONS

As in force at 31 March 2004

Table of provisions [if supportFields]> TOC \o "1-9" <![endif] — Citation2 — Commencement3 — Forms4 — Application for holding order in person or in writing5 — Written record of application for holding order5A — Form of holding order6 — Application for order that child in need of care7 — Warrant to bring parents, &c., before Court8 — Orders and directions9 — Application for variation of order under section 4310 — Notice of proposed, review, &c., of order11 — Appeal against order to Supreme Court12 — Application under part vi or section 6012A — Warrants under section 50C of Act13 — Direction under section 60(1)14 — Application under section 61(1)14A — Form of consent to transfer of home order14B — Notice of Minister's decision to transfer home order to State14C — Application for review of decision to transfer home order14D — Application under section 62H or 62M of Act to transfer home order or child protection proceeding from Territory14E — Application under section 62W of Act to register interstate order or proceeding transferred to Territory14F — Application for revocation of registration of interstate order14G — Notification of registration of interstate order transferred to Territory14H — Notification of revocation of registration of interstate order15 — Affidavit of service16 — Agreement under section 79(1)17 — Filing of applicationsScheduleENDNOTES northern territory of australia

northern territory of australia

As in force at 31 March 2004

community welfare REGULATIONS

Regulations under the Community Welfare Act

1Citation

These Regulations may be cited as the Community Welfare Regulations.

2Commencement

These Regulations shall come into operation on the commencement of the Community Welfare Act 1983.

3Forms

In these Regulations a reference to a form by number is a reference to a form so numbered in the Schedule.

4Application for holding order in person or in writing

An application under section 11A of the Act that is made in person or by facsimile, electronic mail or writing may be in accordance with Part A of Form 1.

5Written record of application for holding order

The written record required under section 11A(4) of the Act to be kept of an application under section 11 or 15 of the Act that is made by telephone, radio, audiolink or other facility (other than by facsimile, electronic mail or in writing) may be kept in accordance with Part A of Form 2.

5AForm of holding order

(1)
An order under section 11A(2) of the Act may, if the application for the order was made in person, by facsimile, electronic mail or writing, be in accordance with Part B of Form 1.
(2)
An order under section 11A(2) of the Act may, if the application for the order was made by telephone, radio or other facility (other than by facsimile, electronic mail or writing), be in accordance with Part B of Form 2.

6Application for order that child in need of care

An application referred to in section 35(1) of the Act that a child be found to be in need of care shall be in accordance with Form 3.

7Warrant to bring parents, &c., before Court

A warrant referred to in section 37(2) of the Act shall be in accordance with Form 4.

8Orders and directions

An order or direction made or given by the Family Matters Court under Part VI, VII or VIIA of the Act shall be in accordance with Form 5.

9Application for variation of order under section 43

An application under section 48(1) of the Act for a variation of an order under section 43 shall be in accordance with Form 6.

10Notice of proposed, review, &c., of order

A notice under section 49(4) of the Act of a proposal to review, vary or revoke an order referred to in that section shall be in accordance with Form 7.

11Appeal against order to Supreme Court

An appeal under section 50(1) of the Act to the Supreme Court shall be in accordance with Form 8.

12Application under part vi or section 60

An application under Part VI or referred to in section 60(1) of the Act shall be in accordance with Form 9.

12AWarrants under section 50C of Act

(1)
An application under section 50C of the Act for a warrant to apprehend and return a child who is out of the Territory without the Minister’s consent must be in accordance with Form 9A.
(2)
A warrant referred to in subregulation (1) that is issued to an officer of a police force of a State or another Territory, to the Sheriff or a Sheriff’s officer of a State or another Territory or to a member or special member of the Australian Federal Police must be in accordance with Form 9B.

13Direction under section 60(1)

A direction under section 60(1) of the Act shall be in accordance with Form 10.

14Application under section 61(1)

An application referred to in section 61(1) shall be in accordance with Form 11.

14AForm of consent to transfer of home order

A person who consents, or refuses to consent, to the transfer of a home order under section 62E of the Act must do so in a form that is in accordance with Form 11A.

14BNotice of Minister's decision to transfer home order to State

Notice under section 62F of the Act of the Minister’s decision to transfer a home order to a State must be in accordance with Form 11B.

14CApplication for review of decision to transfer home order

An application under section 62G of the Act for review of the Minister’s decision to transfer a home order must be in accordance with Form 11C.

14DApplication under section 62H or 62M of Act to transfer home order or child protection proceeding from Territory

An application to the Family Matters Court under section 62H or 62M of the Act must be in accordance with Form 11D.

14EApplication under section 62W of Act to register interstate order or proceeding transferred to Territory

A copy of an interstate order filed for registration under section 62W of the Act must be accompanied by an application in accordance with Form 11E.

14FApplication for revocation of registration of interstate order

An application to the Family Matters Court under section 62Y of the Act for the revocation of the registration of an interstate order must be in accordance with Form 11F.

14GNotification of registration of interstate order transferred to Territory

Notification by a Clerk under section 62Z(1) of the Act of the registration of an interstate order must be in accordance with Form 11G.

14HNotification of revocation of registration of interstate order

Notification by a Clerk under section 62Z(2) of the Act of the revocation of the registration of an interstate order must be in accordance with Form 11H.

15Affidavit of service

An affidavit of service of a document required or permitted by the Act to be served on a person shall be in accordance with Form 12.

16Agreement under section 79(1)

An agreement referred to in section 79(1) shall be in accordance with Form 13.

17Filing of applications

An application under the Act must be filed in the Registry of the Court by filing the application and a copy of it for each party to the application.

Schedule

regulation 4 or 5A

FORM 1

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 11 or 15

APPLICATION FOR HOLDING ORDER AND HOLDING ORDER

PART A – APPLICATION IN PERSON OR IN WRITING FOR HOLDING ORDER

I, [name], an authorised person/a delegate of the Minister/a member of the Police Force/a person in charge of a hospital* state that [name and date of birth of child] of [address] is in need of care and that it is necessary for the adequate care of him/her* that he/she* be taken into custody. I therefore apply for a holding order on the following grounds:

Sworn before me [name] at [place] on this .... day of [month], [year].

..................................................... ...............................................

Signature of person before whom oath taken** Signature of applicant**

PART B

I, [name], a Magistrate/Registrar* of the Local Court am/am not* satisfied on the oath of the applicant that there are reasonable grounds for believing that the child is in need of care and that a holding order is required.

I have formed my opinion on the following grounds:

This application is made to me in person on this ...... day of [month] of [year].

ORDER

I make the following order/orders* under section 11A of the Community Welfare Act:

An order authorising the holding of [name of child] in a place of safety for a period beginning on the day on which he/she* was taken into custody or detained under section 11 or 15 of the Act, until:

(a)
the ....... day of [month] of [year] [ a day less than 14 days after this order begins]; or
(b)
14 days after he/she* was taken into custody or detained under section 11 or 15 of the Act.*

Dated this....... day of [month] of [year]

......................................

Magistrate/Registrar*

* Delete where inapplicable

** If application is made by a facility that cannot display a signature, fill in name instead.

FORM 2

regulation 5 or 5A

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 11A

WRITTEN RECORD OF APPLICATION FOR HOLDING ORDER AND HOLDING ORDER

PART A – WRITTEN RECORD OF APPLICATION FOR HOLDING ORDER

OTHER THAN IN PERSON OR WRITING

The applicant [name], an authorised person/a delegate of the Minister/a member of the Police Force/a person in charge of a hospital* has stated, on an oath taken before [name of person administering oath to applicant] to me, [name], a Magistrate/Registrar of the Local Court * today, this ....... day of [month] of [year] that [name of child] of [address], [date of birth] is in need of care and it is necessary for the adequate care of him/her* that he/she* be held in a place of safety.

The following information was provided to me by the applicant on oath:

PART B

I am/am not* satisfied on the oath of the applicant that there are reasonable grounds for believing that the child is in need of care and that a holding order is required. I have formed my opinion on the following grounds:

This application is made to me by telephone, radio, facsimile/other facility* on this ...... day of [month] of [year]

ORDER

I make the following order/orders* under section 11A of the Community Welfare Act:

An order authorising the holding of [name] in a place of safety for a period beginning on the day on which he/she* was taken into custody or detained under section 11 or 15 of the Act, until:

(a)
the ....... day of [month] of [year] [ a day less than 14 days after this order begins]; OR
(b)
14 days after he/she* was taken into custody or detained under section 11 or 15 of the Act.*

Dated this....... day of [month] of [year]

...................................

Magistrate/Registrar*

* Delete where inapplicable

FORM 3

regulation 6

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 35(1)

APPLICATION THAT CHILD BE FOUND IN NEED OF CARE

Applicant’s name and address: Child’s name and address:

The applicant, .................................................................................................., of ......................................................................................................................, applies to the Family Matters Court at .............................................................. for an order that .................................................................................................

(name of child)

be found to be in need of care.

(Particulars of application)

Dated this ......................................... day of ……………..............., 19………...

….....................

Applicant

______________________________________________________________

This application is to be heard on ................................................................, the …..................................... day of …………….............. 19………..., at ................. o’clock in the ………………....... noon, at …………….................... in the Northern Territory.

Dated this ................................. day of …..…………..............., 19………....

………......................

Magistrate/Registrar*

*Delete where inapplicable

FORM 4

regulation 7

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 37(2)

WARRANT

TO: …………………………………………....................................................., and each and all of the Constables and Peace Officers of the Northern Territory of Australia.

WHEREAS …………………………………….................................................... of ......................................................................................................................, having the custody of ……………………………………….................................,

(name of child)

was duly summoned to appear before the Family Matters Court sitting at ...................................... on ................., the .............. day of .............. 19......, at the hour of ........................ o’clock, and did fail, without reasonable excuse, to attend the hearing/remain in attendance at the hearing*.

You are therefore hereby commanded to apprehend the said ....................................................................... and bring him/her* before me, the undersigned, a Magistrate/Registrar* for the Northern Territory of Australia at .......................................... forthwith, or on ..................., the ……................ day of ................ 19……..., at the hour of …........ o’clock in the …......... noon, to appear in this matter.

Dated this ........................... day of …………................., 19……….....

in the said Territory.

................................

Magistrate/Registrar*

*Delete where inapplicable.

FORM 5

regulation 8

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 35(3), 39(3), 41(1), 43(4), 43(5), 44,

45, 46, 47, 48, 49(1), 49(3) or 61(1)

ORDER/DIRECTION

Name of child:

On the ................................................ day of .................................. 19 ……...., .........................................................................................................................., sitting in the Family Matters Court at .................................................................. made the following order/direction:

Dated this …...................................... day of ……………….............., 19……..

…………....................

Magistrate/Registrar*

*Delete where inapplicable

FORM 6

regulation 9

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 48(1)

APPLICATION FOR VARIATION/FURTHER VARIATION OF ORDER MADE UNDER SECTION 43

Applicant’s name and address: Child’s name and address:

The applicant, ................................................................................................., of ....................................................................................................................., being ..............................................................................................................., applies for the variation/further variation* of an order made pursuant to section 43 of the Community Welfare Act.

The circumstances that resulted in the making of the order have changed significantly since the order sought to be varied was made, as follows:

Dated this ………………….............. day of …………...................., 19………..

…….....................

Applicant

______________________________________________________________

This application is to be heard on ..........................., the ……................. day of ......................... 19………....., at ……........... o’clock in the ………........ noon, at ................................................. in the Northern Territory.

Dated this ....................................... day of …………….................., 19………...

………….....................

Magistrate/Registrar*

*Delete where inapplicable.

FORM 7

regulation 10

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 49(4)

NOTICE OF PROPOSED REVIEW OF ORDER

Name and address of child:

On the .............................. day of ....................... 19…..... the Court made the following order:

A review of the said order is to take place at the .................................. Court on ..................., the .................. day of ................., 19........., at ............ o’clock in the ........... noon, by the Court, and you are invited/requested* to be present.

Dated this ............................. day of ..................., 19……….

………......................

Magistrate/Registrar*

*Delete where inapplicable.

FORM 8

regulation 11

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 50(1)

NOTICE OF APPEAL

Applicant’s name and address: Name and address of child:

In the matter of an order made on the ….................. day of …............ 19...... by the Family Matters Court at ……………………….................... in the Northern Territory of Australia, as follows:

Take notice that ............................................................................................... of ...................................................................................................................... intends to institute and duly prosecute an appeal and hereby appeals to the Supreme Court of the Northern Territory of Australia against the said order made.

And take notice that the appellant intends to institute and duly prosecute the appeal at the next available sittings of the said Supreme Court.

And take notice that the grounds of such appeal are:

Dated this ..................................... day of …………................, 19……....

….....................

Appellant

FORM 9

regulation 12

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

Part VI or section 60

APPLICATION FOR DIRECTIONS

Applicant’s name and address: Child’s name and address:

The applicant, ................................................................................................., of ....................................................................................................................., being ..............................................................................................................., applies for an order directing the Minister, in relation to the exercise of his duties under an order made pursuant to section 43(4) of the Community Welfare Act, as follows:

Dated this ................................. day of …………................, 19………..

…………....................

Applicant

__________________________________________________________

This application is to be heard on ................................................................, the .............................. day of .......................... 19………..., at ….......... o’clock in the .............. noon, at …………………................. in the Northern Territory.

Dated this ................................... day of …………................, 19……....

……….......................

Magistrate/Registrar*

*Delete where inapplicable

FORM 9A

regulation 12A(1)

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 50C

APPLICATION FOR WARRANT TO APPREHEND AND RETURN CHILD WHO IS OUT OF TERRITORY WITHOUT MINISTER’S CONSENT

FAMILY MATTERS COURT

AT

MINISTER FOR FAMILY AND COMMUNITY SERVICES

Applicant

AND

(Name of child) (DOB)

Protected Child

I, [name], the Minister for Family and Community Services/the delegate of the Minister for Family and Community Services*, state that [name and DOB of child] of [address] under a child protection order dated [date] is outside the Territory without my consent. I therefore apply for a warrant to apprehend and return the child to the Territory.

(particulars of application)

[
Sworn before me name] at [place]

on [date] .

Signature of person before whom oath taken:

Signature of applicant:

_______________________________________________________________

This application is to be heard on …………………………...., at .......... am/pm*, at .............………….. in the Northern Territory.

Dated 20 .

…..................………..

Magistrate/Registrar*

*Delete where inapplicable

FORM 9B

regulation 12A(2)

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 50C

INTERSTATE WARRANT

TO: ..................................................., an officer of the police force of [State or Territory] of Australia/the Sheriff or a Sheriff’s officer of [State or Territory]/a member or special member of the Australian Federal Police*.

WHEREAS The Minister for Family and Community Services of the Northern Territory of Australia, having the guardianship, custody or supervision of

.................................………………………………………………………………,

[Child’s name and DOB]

of .............................………………………………………………………………,

[Child’s last known address]

under a Child Protection Order dated ……………………………………………..

You are therefore commanded to apprehend the said …………………………... and return him/her* to the care of the Minister for Family and Community Services of the Northern Territory of Australia or a delegate of the Minister.

Dated 20

in the Territory.

….………....................

Magistrate/Registrar*

*Delete where inapplicable

FORM 10

regulation 13

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 60(1)

DIRECTION TO MINISTER

Pursuant to section 60 of the Community Welfare Act the Court ………....... on its own motion/on the application of *........................................................., being ........................................................................................................, makes the following direction:

Dated this ....................................... day of ………….................., 19…….....

………......................

Magistrate/Registrar*

*Delete where inapplicable.

FORM 11

regulation 14

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 61(1)

APPLICATION BY MINISTER FOR ORDER EMPOWERING PUBLIC TRUSTEE TO MANAGE, CONTROL OR DEAL WITH PROPERTY OF CHILD

Applicant’s name and address: Child’s name and address:

The applicant, ................................................................................................., of ....................................................................................................................., being ..............................................................................................................., applies for an order, pursuant to section 61(1) of the Community Welfare Act, empowering the Public Trustee of the Northern Territory to manage, control or deal with the property of the above child. Particulars of the application are as follows:

....................

Applicant

__________________________________________________________

This application is to be heard on .............................................., the ………............... day of ............................. 19……..., at ............. o’clock in the ............. noon, at ............... in the Northern Territory.

Dated this ............................................ day of ………................., 19……..

………......................

Magistrate/Registrar*

FORM 11A

regulation 14A

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 62E

CONSENT/REFUSAL TO CONSENT* TO TRANSFER HOME ORDER

Name and address of child:

I, [name of parent or person who has access to the child under the home order], consent/do not consent* to the transfer of the following order:

[Details of order]

I have been informed of the effect of consenting to the transfer and of the effect of refusing to consent to the transfer, including the Minister’s right to apply to the Court for an order for the transfer of the home order, the right of review under section 62G of the Community Welfare Act and the right of appeal to the Supreme Court under section 62S of that Act.

(signature) (print name)

Date: 20 .

Witnessed by

(signature)
(print name)

Date: 20 .

*Delete where inapplicable

FORM 11B

regulation 14B

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 62F

NOTICE OF MINISTER’S DECISION TO TRANSFER HOME ORDER INTERSTATE UNDER PART VIIA

[name of person to whom notice is being given]

You are hereby advised that, in accordance with Part VIIA of the Community Welfare Act, the Minister for Family and Community Services has made the decision to transfer the following home order:

which applies to: [Name, DOB and address of child]

to: [State/Territory/New Zealand]

Under section 62G of the Community Welfare Act you may apply, within 10 working days after the date of the notice, to the Family Matters Court for review of the Minister’s decision to transfer the home order. Under section 62S of the Community Welfare Act there is also a right of appeal to the Supreme Court.

Signed:

Dated 20 .

FORM 11C

regulation 14C

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 62G

APPLICATION FOR REVIEW OF DECISION TO TRANSFER HOME ORDER

FAMILY MATTERS COURT

AT

[person given notice under section 62F]

Applicant

AND

MINISTER FOR FAMILY AND COMMUNITY SERVICES

Respondent

The applicant, ...........................................,of…...……..……….........................., being ..................................................., applies for the review of the Minister’s decision to transfer the following home order, dated [date], to [State/Territory/New Zealand] made pursuant to section 62C of the Community Welfare Act.

Details of Order: [Child’s Name and DOB, Details of transfer]

Dated 20 .

.................…….

Applicant

______________________________________________________________

This application is to be heard on ...............………….…...., at .......... am/pm*,

at ..........……………..... in the Northern Territory.

Dated 20 .

…..................………..

Magistrate/Registrar*

*Delete where inapplicable

FORM 11D

regulation 14D

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 62H or 62M

APPLICATION TO FAMILY MATTERS COURT FOR TRANSFER OF ORDER/PROCEEDING*

FAMILY MATTERS COURT

AT

THE MINISTER FOR FAMILY AND COMMUNITY SERVICES

Applicant

AND

(name of child) (DOB)

Protected Child

I, [name], the Minister for Family and Community Services/the delegate of the Minister for Family and Community Services*, state that [name and date of birth of child] of [address] is under a child protection order dated [date].

The circumstances have changed since the order/proceedings sought to be transferred was commenced. See attached Court Report at Attachment A/Court Report to be provided prior to Hearing [State Particulars]*.

I therefore apply for the order/proceeding* to be transferred to [State/Territory/New Zealand], pursuant to section 62H/62M* of the Community Welfare Act.

I hereby state that I am entitled to make the application pursuant to section 62H/62M* of the Community Welfare Act and that the interstate officer of [State/Territory/New Zealand] has consented to the transfer. See Attachment B.

If the Court makes an order for the transfer of the proceeding pursuant to section 62Q, I apply for the following interim order pursuant to section 62R*:

Sworn before me [name] at [place] on [date]

…………………………………. ….……………………...

Signature of person before whom oath taken Signature of Applicant
______________________________________________________________

This application pursuant to section 62H/62M* is to be heard on ………………………....., at .......... am/pm*, at .............…………. in the Northern Territory.

Dated 20 .

This application pursuant to section 62R is to be heard on ………………………....., at .......... am/pm*, at ...............…………. in the Northern Territory.*

Dated 20 .

…..................………..

Magistrate/Registrar*

*Delete where inapplicable

______________________________________________________________

Attachment A: Court Report

Attachment B: Interstate Officer’s Consent

FORM 11E

regulation 14E

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 62W

APPLICATION TO REGISTER INTERSTATE ORDER/PROCEEDING* TRANSFERRED TO TERRITORY

I, [name], the Minister for Family and Community Services/the delegate of the Minister for Family and Community Services*, hereby file a copy of the interstate order in the Family Matters Court for registration of an interstate order/proceeding* transferred to the Northern Territory of Australia pursuant to section 62W of the Community Welfare Act.

A copy of the transferred order/proceeding* for [child’s name, DOB] is attached. This order/proceeding* is current and is not subject or liable to be subject to appeal, review or stay.

Pursuant to section 62W of Community Welfare Act, application is made for registration of the transferred order as an order under section 43(5)(a), (b), (c) or (d)*/Part VI* of that Act.*

OR

Pursuant to section 62W of the Community Welfare Act, application is made for registration of the transferred proceeding as a proceeding under Part VI of that Act.*

Dated 20 .

............………………

Applicant

*Delete where inapplicable

FORM 11F

regulation 14F

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 62Y

APPLICATION FOR REVOCATION OF REGISTRATION OF INTERSTATE ORDER/PROCEEDING* TRANSFERRED TO TERRITORY

FAMILY MATTERS COURT

AT

Applicant

AND

Respondent

The applicant, …....................................., of…………………………………...., being ..................................................., pursuant to section 62Y of the Community Welfare Act, applies for the revocation of the registration in the Territory of the following interstate order:

[child’s name, address, DOB/Details of Order/Date of registration in the Territory] [attach interstate order]

Dated 20 .

.........…………..

Applicant

______________________________________________________________

This application is to be heard on ……………………………....,

at .......... am/pm* at ..........….………….. in the Northern Territory.

Dated 20 .

..….................………..

Magistrate/Registrar*

*Delete where inapplicable

FORM 11G

regulation 14G

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 62Z(1)

NOTICE OF REGISTRATION OF INTERSTATE ORDER/PROCEEDING* TRANSFERRED TO TERRITORY

Name, DOB and address of child:

The attached transferred order was registered in the Family Matters Court and may be dealt with under the Community Welfare Act or any other law of the Territory as if it were an order under section 43(5)(a), (b), (c) or (d)/Part VI* of the Community Welfare Act. [attach copy of transferred order]

OR

The attached transferred proceeding was registered in the Family Matters Court as a proceeding under Part VI of the Community Welfare Act that is commenced in the Family Matters Court on this day of registration.* [attach documents files in Family Matters Court in relation to transferred proceeding]

Dated 20 .

...................................………........

Clerk of the Family Matters Court

*Delete where inapplicable

FORM 11H

regulation 14H

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 62Z(2)

NOTICE OF REVOCATION OF REGISTRATION OF INTERSTATE ORDER/PROCEEDING* TRANSFERRED TO TERRITORY

To: [Court in State/Territory/New Zealand]

Name, DOB and address of child:

The following interstate order was registered in the Family Matters Court of the Northern Territory on [date]. This registration was revoked pursuant to section 62Y of the Community Welfare Act on [date].

Details of Order:

All documents filed in the Family Matters Court of the Northern Territory in relation to the registration of the interstate order are being returned pursuant to section 62Z(2)(b) of the Community Welfare Act.

Dated 20 .

...................................………........

Clerk of the Family Matters Court

*Delete where inapplicable

FORM 12

regulation 15

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

AFFIDAVIT OF SERVICE

I, ........................................................................................................................,

of ....................................................................................................................., being duly sworn, make oath and say as follows:

I did, on .................................................. 19……………...., duly serve ............................................................................................................................ with a copy of the ......................................................................................... annexed hereto and marked with the letter "A".

(Here give details of service)

Sworn before me )

at ............................ )

the ...................... day ) ………….......................

of ............................ 19......) Signature of Deponent

..................................

Justice of the Peace/Commissioner for Oaths*

*Delete where inapplicable

FORM 13

regulation 16

NORTHERN TERRITORY OF AUSTRALIA

Community Welfare Act

section 79(1)

AGREEMENT

I/We*, .............................................................................................................., (full name of parents, guardian or custodian of child)

being the father/mother/guardian(s)/custodian(s)* of ............................................................................................................................

(full name of child)

request the licensee of .......................................................................................

(name of children’s home)

to accept custody of the said child for a period of ................... days/months/years* and, knowing the conditions of admission to the children’s home, do hereby agree:

To observe and abide by all the rules or regulations applying to the conduct, control and management of the children’s home where the child is placed.

To authorize the licensee to consent to the performance of any medical, surgical or dental procedures or treatment that in the opinion of the licensee may be required to safeguard the welfare of the child.

To maintain regular contact with the child and the licensee in regard to the continuing progress and development of the child and my/our* family situation.

To provide the licensee with details of my/our* normal address and contact arrangements for emergency purposes, including a telephone number if available, and to notify the licensee promptly of any change of those details.

To give at least twenty-four hours notice to the licensee prior to removing the child from the children’s home.

I/We* understand the terms of this agreement and that, where the child remains in a licensed children’s home for a period of twelve months or more and I/We* fail to maintain substantial contact with the child during that time, the child shall, in accordance with section 81 of the Community Welfare Act, be deemed to be abandoned, and he/she* may be, as a result, the subject of an application to the Family Matters Court of the Northern Territory.

Dated this .............................. day of …………..............., 19………...

Signature: ...................................................

...................................................

Witness: …..…………………....................

*Delete where inapplicable.

ENDNOTES

1
KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2
LIST OF LEGISLATION

Community Welfare Regulations (Act No. 15, 1984)
Notified	30 March 1984
Commenced	20 April 1984 (s 2, s 2 Community Welfare Act 1983 (No. 76, 1983) and Gaz S14, 30 March 1984)
Amendments of Community Welfare Regulations (Act No. 40, 1999)
Notified	22 December 1999
Commenced	22 December 1999 (r 2, s 2 Community Welfare Amendment Act 1999 (Act No. 6, 1999) and Gaz G50, 22 December 1999, p 4)
Amendments of Community Welfare Regulations (Act No. 8, 2004)
Notified	31 March 2004
Commenced	31 March 2004

3
LIST OF AMENDMENTS

r 4 sub No. 40, 1999, r 3

r 5 sub No. 40, 1999, r 3

r 5A ins No. 40, 1999, r 3

r 8 amd No. 40, 1999, r 4; No. 8, 2004, r 2

r 12A ins No. 8, 2004, r 3

r 14A – 14H ins No. 8, 2004, r 4

r 17 ins No. 8, 2004, r 5

sch amd No. 40, 1999, r 5; No. 8, 2004, r 6

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Community Welfare Regulations (NT)

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