New South Wales Consolidated Acts New South Wales Consolidated ActsNothing in this Chapter prevents the Director-General from applying, at any time during or after the investigation and assessment of a request for assistance or a report, for an order under Chapter 5 of the Children’s Court if, in the Director-General’s opinion, it is necessary or desirable to do so having regard to the safety, welfare and well-being of the child or young person concerned.
Note: The intention of the Act is to ensure that children and young persons are protected by using the least intrusive option. Removal of children and young persons should be a last resort.
The option of an apprehended violence order to protect a child or young person should be considered. In cases where there is an immediate danger of abuse, an apprehended violence order against the alleged abuser, requiring him or her, for example, to leave the house, may be sufficient to ensure the protection of the child or young person while investigations and assessments continue. The order could be made to cover the child or young person and, if appropriate, the child or young person’s primary caregiver and other members of their household.
These orders are available under the Crimes (Domestic and Personal Violence) Act 2007 .
If a child or young person is removed in an emergency situation, the Director-General should also consider whether an application for an apprehended violence order may still be the most effective way of ensuring the immediate and safe return of the child or young person to the home.