CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 430 Care and protection order—court to consider application and cross-application

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 430

    (1)     The Childrens Court must give initial consideration to an application, or cross-application, for a care and protection order not later than 5 working days after the day the application, or cross-application, is filed.

    (2)     The application or cross-application must be initially listed before a magistrate.

    (3)     The magistrate must give directions about the conduct of the proceeding (including the hearing of the application or cross-application) at the time the application or cross-application is initially considered.

    (4)     If a care and protection order in relation to the child or young person who is the subject of the application or cross-application is in force on the day the application or cross-application is filed, but the care and protection order would end before the application or cross-application is heard, the care and protection order continues in force until the application or cross-application is heard and decided (whether or not the application or cross-application is considered within the period required under this section).

    (5)     This section does not apply if the director-general or a police officer has daily care responsibility for a child or young person under part 13.1 (Emergency action).

Note     For s (5), the court must give initial consideration to the application on the day it is filed (see  s 413).