Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

VOLATILE SUBSTANCE ABUSE PREVENTION ACT - SECT 39

Hearing of application

    (1)     Unless an order to the contrary is made under subsection (2), the following persons are required to attend at the hearing of an application:

        (a)     the applicant or a person representing the applicant;

        (b)     if the person at risk is an adult mentioned in section 38(1)(a) or a child mentioned in section 38(1)(b):

            (i)     the person at risk; or

            (ii)     a person representing the person at risk;

        (c)     if the person at risk is a child mentioned in section 38(1)(c) – a responsible adult or a person representing that adult.

    (2)     The Court may order that a person required by subsection (1) to attend at the hearing need not attend if:

        (a)     the Court has sufficient information to make a decision without the person's attendance; or

        (b)     in relation to a responsible adult mentioned in subsection (1)(c) – the Court is satisfied reasonable investigations have been made to find such an adult but have been unsuccessful.

    (3)     If the person at risk or a responsible adult does not attend at the hearing because he or she is represented by another person, the Court may order the person at risk or responsible adult to attend if the Court requires information from the person or adult.

    (4)     The following persons are entitled to attend at the hearing but need not do so unless the Court orders the attendance:

        (a)     the assessment applicant in relation to the person at risk;

        (b)     the assessor of the person at risk;

        (c)     any member of the family of the person at risk.

    (5)     Unless the Court orders otherwise, the hearing must be in closed court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback