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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 721 Residence, contact and specific issues provisions—giving, amending or extending

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 721

Residence, contact and specific issues provisions—giving, amending or extending directions

    (1)     This section applies to a care and protection order that includes 1 or more of the following:

        (a)     a specific issues provision that includes a direction that a stated person—

              (i)     do a stated thing; or

              (ii)     not do a stated thing; or

              (iii)     comply with a stated condition;

        (b)     a contact provision that includes a direction that a stated person must not have contact with the child or young person;

        (c)     a residence provision that includes a direction—

              (i)     that a stated person must not live at the same premises as the child or young person (including that the stated person must stop living at those premises); or

              (ii)     that a stated person may live with the child or young person only subject to stated conditions.

    (2)     If a court makes, amends or extends the care and protection order, the court must give a copy of the order or revised order to the following people:

        (a)     the stated person, by personal service on the person;

        (b)     the director-general;

        (c)     the public advocate;

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

        (e)     the chief police officer;

        (f)     each other person who was a party to the proceeding;

        (g)     any other person the court considers appropriate.

    (3)     However, if the court considers personal service on the stated person is impracticable, the court may give the copy of the order or revised order to the stated person in another way.

Note     Under the Legislation Act

s 247, a document may also be served on an individual—

        (a)     by sending it by prepaid post, addressed to the individual, to a home or business address of the individual; or

        (b)     by faxing it to a fax number of the individual; or

        (c)     by emailing it to an email address of the individual; or

        (d)     by leaving it, addressed to the individual, at a home or business address of the individual with someone who appears to be at least 16 years old and to live or be employed at the address.

    (4)     If the court considers it appropriate, the court may direct that a police officer give the copy of the order or revised order to someone.

    (5)     If the court directs that a police officer give the copy of the order or revised order to someone, the chief police officer must, if asked by the registrar, arrange for the copy of the order or revised order to be given by a police officer.

    (6)     In this section:

"revised order" means—

        (a)     if the order is amended—the order as amended; or

        (b)     if the order is extended—the order as extended.

Note 1     A specific issues provision, a contact provision or a residence provision may be extended, amended or revoked under pt 19.5.

Note 2     In a proceeding for an appraisal order, a fact is proved if it is proved on the balance of probabilities (see  s 711).

Note 3     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).