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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 248 Notice of making, varying or extending certain specific issues orders

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 248

Notice of making, varying or extending certain specific issues orders

(1)     This section applies to a specific issues order in relation to a child or young person

        (a)     directing someone to stop or refrain from living in the same premises as the child or young person; or

        (b)     directing a named person to have no contact with the child or young person; or

        (c)     requiring a named person to do a stated thing, refrain from doing a stated thing or observe a stated condition.

(2)     If the court makes, varies or extends an order to which this section applies, the court must cause a copy of the order, or a copy of the order as varied or extended, to be—

        (a)     served personally on the person directed to do a thing, cease or refrain from doing a thing or observe a condition; and

        (b)     served on the chief executive and the community advocate; and

        (c)     given to—

              (i)     the commissioner of police; and

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

              (iii)     any other person the court considers appropriate.

(3)     Despite paragraph (2) (a), if it appears to the court that it is not practicable to serve a document required to be served under subsection (2) personally, the court may—

(a)     order that the copy of the order be served by such other means as the court thinks just; or

(b)     make an order for substituted service.

(4)     If the court is satisfied, having regard to the material before it, that it is appropriate to do so, the court may direct that a document required to be served on someone under subsection (2) be served by a police officer.

(5)     If the court gives a direction for service by a police officer, the commissioner of police must, when requested to do so by the registrar, arrange for the document to be served by a police officer.

Division 7—Final care and protection orders