Northern Territory Consolidated Acts

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COMMUNITY WELFARE ACT - SECT 11A

Holding order

11A. Holding order

(1) An application for a holding order under section 11 or 15 is to be made to a magistrate or Registrar, as defined in section 3 of the Local Court Act -

(a) in person; or

(b) if it is impracticable to make the application in person - by telephone, radio, facsimile or other facility.

(2) If the magistrate or Registrar is satisfied on the oath of the person making the application that there are reasonable grounds for believing that the child to whom the application relates is in need of care, the magistrate or Registrar must make an order authorising the holding of the child in a place of safety.

(3) An order under subsection (2) is to have effect for the period commencing on the day on which the child was taken into custody under section 11 or detained under section 15 until -

(a) the day specified in the order; or

(b) 14 days after the day the child was taken into custody or the action was taken,

whichever first occurs.

(4) If the application for the holding order is made by telephone, radio, facsimile or other facility, the magistrate or Registrar who makes the holding order must ensure a written record is kept of the making of the application and the information in relation to the application he or she obtains from the applicant.



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