(1) An interested party in relation to a police-initiated order requires leave
of a court to make an application to the court in respect of the order if the
protected person (or one of the protected persons) under the order is a child.
(2) The court may grant leave for the interested party to make the application
if the court is satisfied of any one or more of the following--
(a) that there
has been a significant change in circumstances since the order was made (or
was last varied),
(b) that the application is proposed to be made by the
Secretary of the Department of Family and Community Services on the basis that
a care plan (within the meaning of the Children and Young Persons (Care and
Protection) Act 1998 ) for the child is inconsistent with the police-initiated
order,
(c) that it is otherwise in the interests of justice to do so.
(3)
The court is not to grant leave if it is of the opinion that the application,
if successful, would significantly increase the risk of harm to the child.
