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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 206 Local Court may review decision

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 206

Local Court may review decision

    (1)     A parent of a child in relation to whom a notice is given by the CEO under section 201 (2) may apply for a review of the decision in the notice.

    (2)     The application must be made to the Local Court within 28 working days after the parent is given the notice.

    (3)     The application does not affect the operation or implementation of the decision.

    (4)     However, the Local Court may make another decision staying or otherwise affecting the operation or implementation of so much of the decision as it considers appropriate to effectively decide the application.

    (5)     A decision under subsection (4):

    (a)     is subject to the conditions specified by the Local Court; and

    (b)     has effect:

        (i)     for the period specified by the Local Court; and

        (ii)     if no period is specified by the Local Court – until the application is decided.

    (6)     The review:

    (a)     must be conducted as a new hearing; and

    (b)     is not limited by the material before the CEO.

    (7)     The Local Court may:

    (a)     affirm the decision; or

    (b)     vary the decision; or

    (c)     set aside the decision; or

    (d)     set aside the decision and replace it by the Local Court's decision.

    (8)     The Local Court may make any order about costs.