CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 382 Appraisal orders—criteria for making

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 382

The Childrens Court may make an appraisal order for a child or young person only if satisfied that—

        (a)     either—

              (i)     no parent or other person with daily care responsibility agreed to the appraisal when the director-general sought agreement under section 369 (Care and protection appraisal—obtaining agreement etc); or

              (ii)     section 370 (Care and protection appraisal—obtaining agreement not in best interests of child or young person etc) applies; and

        (b)     a care and protection appraisal is necessary to assess whether the child or young person is in need of care and protection.

Note 1     In a proceeding for an appraisal order, a fact is proved if it is proved on the balance of probabilities (see  s 711).

Note 2     The court may make an order imposing an obligation on a person only if the person agrees to it, has been given an opportunity to be heard about it or cannot be found (see  s 718).