Western Australian Numbered Acts Western Australian Numbered Acts At the end of
Part 4 Division 3 Subdivision 7 insert:
69A. Replacement of protection order
(time-limited) or protection order (until 18): application by carer
(1) An individual is
eligible to make an application under subsection (2) in respect of a
child if —
(a) the
individual has been the carer of the child; and
(b) the
child has been the subject of one or more of the following types of protection
order —
(i)
a protection order (time-limited);
(ii)
a protection order (until 18),
for at least the
period of 2 years immediately preceding the day on which the application is
made.
(2) An individual who
is the carer of a child may, if eligible to do so under subsection (1),
apply to the Court for the revocation of a protection order (time-limited) or
protection order (until 18) and the making of a protection order (special
guardianship) in respect of the child.
(3) An application
under subsection (2) must nominate the individual or individuals to whom
parental responsibility for the child is proposed to be given under the
protection order (special guardianship).
(4) The applicant must
be the individual or one of the individuals nominated in the application.
(5) If an application
under subsection (2) for the revocation of a protection order
(time-limited) is made but not determined before the day on which the order
would otherwise expire, the order remains in force until the application is
determined.
(6) On an application
under subsection (2) the Court may, if satisfied that it is in the best
interests of the child to do so, revoke the order and, subject to this Part,
make a protection order (special guardianship) or another protection order in
respect of the child.