CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 435 Interim care and protection orders—revocation or amendment

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 435

    (1)     This section applies if, during the hearing of an application for a care and protection order, the Childrens Court makes an interim care and protection order for a child or young person.

    (2)     A party (the applicant ) to the proceeding for the care and protection order may apply to the Childrens Court for revocation or amendment of the interim care and protection order.

    (3)     The applicant must give a copy of the application to the following people at least 3 working days before the application is heard by the court:

        (a)     each party to the proceeding;

        (b)     anyone else who was required to be given a copy of the application for the care and protection order;

        (c)     the public advocate;

        (d)     if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.

    (4)     The Childrens Court must give initial consideration to the application not later than 5 working days after the day the application is filed.

    (5)     The Childrens Court must give directions about the conduct of the proceeding (including the hearing of the application) at the time the application is initially considered.

    (6)     After hearing the application, the Childrens Court must—

        (a)     revoke the interim care and protection order; or

        (b)     amend the interim care and protection order; or

        (c)     substitute a provision in the interim care and protection order for a different provision; or

        (d)     dismiss the application.

    (7)     If the interim care and protection order is in force on the day the application for revocation or amendment is filed, but would end before the application is heard, the interim care and protection order continues in force until the application is heard and decided (whether or not the application is considered within the period required under this section).

Note to div 14.3.3

The director-general may ask the chief police officer for assistance in taking action under an assessment order. The chief police officer must, if asked, give assistance to the director-general by assigning police officers to assist the director-general in carrying out the action (see  s 679).