CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 454 Assessment orders—criteria for extension

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 454

    (1)     The Childrens Court may, by order, extend an assessment order—

        (a)     only if satisfied that the care and protection assessment cannot be properly carried out unless the order is extended; and

        (b)     only if the total length of the order and the proposed extension will not be longer than 18 weeks.

    (2)     However the Childrens Court may extend the assessment order so that the total length of the order and the proposed extension is longer than 18 weeks if—

        (a)     the total length of the order and the proposed extension will not be longer than 26 weeks; and

        (b)     the court is satisfied that because of special and exceptional circumstances the extension is necessary for the assessment to be properly completed.

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).