Section 76, Section 78 and Section 90 reports

Section 76 Applications

Supervision orders

Where a care application is made in respect of a child or young person, the Court may place the child under the supervision of the Director General (section 76(1) of the Children and Young Persons (Care and Protection) Act 1998). Organisations may be responsible for the restoration of a child to their parent.

The Court may order that a report be prepared and filed ("section 76 report") that states the outcomes of supervision and whether there is a need for further supervision or further orders to protect the child or young person.

The maximum period of supervision is 12 months. It is important that reports are filed as directed by the Court, as a late filing precludes the Court from extending the period of supervision.

Section 82 Applications

Suitability of arrangements

Where the Children’s Court makes an order allocating parental responsibility to a person who is not the parent of the child or young person (eg Minister for Family & Community Services), the Court will often order that a "section 82 report" be prepared and filed detailing the suitability of the arrangements made for the child or young person.

The Court order will specify when the report needs to be filed in the Court. This will be a date or a period within 12 months of the date when final orders are made. If the Court is not satisfied with the arrangements outlined in the report, it may invite the parties to bring an application to vary or rescind the orders allocating parental responsibility.

In both situations, reports are to be prepared by the organisation with case management responsibility and forwarded to the allocated Community Services Child & Family Regional Unit (CFRU) for consideration and endorsement. If endorsed, Community Services will file the report in the Children’s Court. If not endorsed, the CFRU will liaise with the agency about any concerns.

To ensure compliance with court timeframes, please ensure reports are forwarded no later than two weeks prior to the date it is due to be filed in court.

Section 82 report - order that lists specific issues to be addressed

Section 82 report - order that does not list issues to be addressed

Section 90 Applications

Agencies with case management responsibility for a child or young person will, in some cases over time, consider it appropriate to seek to vary or rescind a care order of the Children’s Court.

An application to do this may only be made with leave of the Children’s Court and if it appears there were significant changes in circumstances since the care order was made or last varied. This is known as a "section 90 application".

An application may be made by:

• Director General
• child or young person
• person with parental responsibility for the child or young person
• person from whom parental responsibility for the child or young person has been removed
• any person who considers themselves to have a sufficient interest in the child’s welfare.

If an agency identifies a section 90 application should be made, the Community Services CFRU (Child & Family Regional Unit) should first be consulted.

Whether an application is initiated by the Director General or another party, the organisation with case management responsibility will need to give evidence to the Court by affidavits with supporting evidence and possibly attend court as a witness.

Tips for completing s90 applications

Section 90 applications- information for NGO authorised carers