Section 129 — Children, Young Persons, and Their Families Act 1989: Court to direct who is to prepare plan

129 Court to direct who is to prepare plan (1) Where, pursuant to section 128 of this Act, the Court is required to obtain a plan in respect of any order, the plan shall be prepared by such person as the Court directs. (1A) Where— (a) A person is directed, pursuant to subsection (1) of this section, to prepare a plan; and (b) That person is not a Social Worker; and (c) That plan has any implications for the chief executive ,— the plan shall be of no effect unless it has been prepared in consultation with the chief executive or his or her representative, and contains an express statement to the effect. (1B) For the purposes of subsection (1A) of this section, a plan has implications for the chief executive if it proposes that— (a) The chief executive be required to provide services or assistance pursuant to a services order under section 86 of this Act; or (b) The chief executive be required to provide support pursuant to a support order under section 91 of this Act; or (c) A child or young person be placed in the custody or care of the chief executive; or (d) The chief executive be appointed as the sole guardian, or as an additional guardian, of a child or young person; or (e) A child or young person receive counselling or other services under this Act, where that counselling or those services would be provided at the Department's expense; or (f) Either— (i) A child or young person be placed in the custody or care of any person or organisation; or (ii) Any person or organisation be appointed as the sole guardian, or as an additional guardian, of a child or young person,— and that the chief executive provide financial assistance to that person or organisation; or (g) Any order (whether a services order under section 86 of this Act or a support order under section 91 of this Act, or any other order) be made in relation to any person or organisation, and that the chief executive provide financial assistance to that person or organisation for the purpose of assisting that person or organisation to give effect to the order. (2) Where the Court considers that any plan prepared pursuant to section 128 of this Act is inadequate, it may direct the person who prepared the plan to furnish to the Court a revised plan, and may indicate any specific matter that it requires to be dealt with in that plan. Subsections (1A) and (1B) were inserted, as from 8 January 1995, by section 21 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsections (1A) and (1B) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .