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

To report suspected child abuse or neglect, call the Child Protection Helpline on 132 111 (24 hours/7 days)