CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 448 Assessment orders—criteria for making

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 448

The Childrens Court may make an assessment order in relation to a child or young person only if satisfied that—

        (a)     a care and protection assessment is necessary to assess whether the child or young person is in need of care and protection; and

        (b)     the care and protection assessment cannot be properly carried out unless the order is made; and

        (c)     if the application is for an assessment order for the child or young person and a care and protection assessment of the child or young person has been carried out previously—the further care and protection assessment of the child or young person is not detrimental to the child or young person.

Note 1     In a proceeding for an assessment 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).