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Legislative Assembly for the ACT: 1999 Week 11 Hansard (21 October) . . Page.. 3511 ..

MR SPEAKER: Do you want to speak to the amendment, Mr Rugendyke?

MR RUGENDYKE: There is no need to speak, Mr Speaker. It is consequential and relates to machinery bits and pieces to do with the workings of the court. It removes subsection (10)G (2) from the Magistrates Court Act 1930.

Amendment agreed to.

MR STEFANIAK (Minister for Education) (5.58): Mr Speaker, I move:

Schedule 2, page 12, line 17, proposed amendment of the Magistrates Court Act 1930, before the amendment of subparagraph 248C (2) (c) (iii), insert the following new amendments:

"New section 198A-

After section 198, insert the following section:

'198A Powers exercisable in care and protection proceedings

The court's power to make an order under this Part may be exercised on an application for a care and protection order under the Children and Young People Act 1999 (Chapter 7, Children and young people in need of care and protection) as if-

(a) the applicant for the care and protection order were an applicant for the order under this Part; and

(b) the applicant had properly applied for that order under this Part.'.

Subsection 206J (2)-

Omit the subsection, substitute the following subsections:

'(2) The registrar must cause a copy of the application to be served personally on-

(a) each other party to the proceedings; and

(b) if section 198A applies-the chief executive for Chapter 7 (Children and young people in need of care and protection) of the Children and Young People Act 1999.

'(2A) The court must, on application by the chief executive served under paragraph (2) (b), make the chief executive a party to the proceedings.'.".

This amendment deals with the Magistrates Court Act 1930, section 198A, relating to restraining orders and care and protection proceedings; also section 206J which relates to varying, revoking, restraining or other orders and service upon the chief executive.

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