Child Welfare Regulations 2010 (NI)

NORFOLK ISLAND

CHILD WELFARE REGULATIONS 2010 Regulations No. 12 of 2010 ________

I, Owen Edward John Walsh, Administrator of Norfolk Island, acting in accordance with the advice of the Executive Council of Norfolk Island, make the following Regulations under section 197 of the Child Welfare Act 2009.

Dated 17 November 2010 O.E.J. Walsh Administrator

By His Honour's Command T.J. Sheridan Minister for Community Services

Short title 1. These Regulations may be cited as the Child Welfare Regulations 2010.

Definitions 2. (1) In these Regulations a reference to─ "the Act" means the Child Welfare Act 2009; "the Court" means the Court of Petty Sessions; "section" means a section of the Act. (2) Words and expressions used in these Regulations have the same meaning as in the Act unless otherwise stated or the context otherwise requires.

Applications generally 3. Except as otherwise provided in these Regulations, the rules of the Court apply to applications and proceedings of the Court under the Act.

Application forms 4. (1) A care and protection application under section 60 must be in Form 1. (2) A proceedings attendance notice under subsection 64(2) must be in Form 2. (3) An application for an assessment order under section 83 must be in Form 3, but in the case of an urgent case under subsection 83(3) need not be made in writing but may be made by telephone, fax or other electronic means in which case it must be confirmed in writing within 2 days. (4) Notice of emergency action under section 94 must be in Form 4.

Additional details to accompany certain urgent applications 5. If an application is made for an interim care and protection order under section 68(1) the child welfare officer must by affidavit, by oral evidence or in any other manner approved by the Court, provide details of the reasons why he or she considers that the child or young person is in need of care and protection or would be in need of care and protection if the order was not made, or is at risk of serious harm, sufficient to warrant the Court making an interim care and protection order.