Northern Territory Numbered Acts

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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 153

Definitions

In this Part:

"child protection order", for a child, means a final court order made under a child welfare law, or in force under an interstate law, that:

    (a)     is of the same or a similar nature as a protection order; and

    (b)     gives responsibility (however described) in relation to the child to:

        (i)     a Minister of the Crown in right of the Territory or a State; or

        (ii)     a government department or statutory authority, or the chief executive officer (however described) of, or someone employed or engaged in, the department or authority; or

        (iii)     an organisation or the chief executive officer (however described) of the organisation.

"child protection proceeding" means a proceeding in a court under a child welfare law for:

    (a)     a finding (however described, and includes a finding that a child is in need of protection) that is a prerequisite to the making of a child protection order; or

    (b)     the making of a child protection order or interim order; or

    (c)     the extension, variation or revocation of a child protection order.

"child welfare law" means:

    (a)     a law of a State that substantially corresponds to the provisions in Part 2.3 that relate to a protection order; or

    (b)     a child welfare law specified by regulation under section  154 (1).

"Children's Court", for a State, means a court that has the jurisdiction to hear and determine a child protection proceeding at first instance in the State.

"home order" means a protection order.

"home proceeding" means any proceeding in the Court for the making of, or relating to, a protection order.

"interim order" means:

    (a)     an order made under section 170 ; or

    (b)     an equivalent order made under an interstate law.

"interstate law" means:

    (a)     a law of a State that substantially corresponds to the provisions in this Part; or

    (b)     an interstate law specified by regulation under section  154 (2).

"interstate officer", for a State, means:

    (a)     the person holding or occupying the office or position that has the principal responsibility for the protection of children in the State under the child welfare law of the State; or

    (b)     the person holding or occupying the office or position specified in the regulations under section 154 (3) for the State.

"parent", for a child to whom a home order or child protection order relates, includes anyone who would have parental responsibility for the child if the order had not been made.

"participating State" means a State in which an interstate law is in force.

"sending State" means the State from which a child protection order or child protection proceeding is transferred under an interstate law.

"State" means:

    (a)     a State or another Territory of the Commonwealth; or

    (b)     New Zealand.

"working day" means:

    (a)     for a court – a day on which the court's offices are open; or

    (b)     for the CEO – a day on which the Department's principal office is open.



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