(2) The stated time for an order that does not grant custody or guardianship
of the child must not be more than 1 year after the day it is made.
(3) If no
previous child protection order has been made for the child and the order
grants custody or short-term guardianship of the child, the stated time for
the order must not be more than 2 years after the day it is made.
(4) If a
previous child protection order has been made for the child and the order
grants custody or short-term guardianship of the child, the stated time for
the order must not be—
(a) if, immediately before the making of the order,
the child has been in continuous care since the making of the earliest
child protection order for the child—later than 2 years after the day the
earliest order was made; or
Example—
The court makes an order granting
custody of a child to the chief executive. A previous child protection order
granting custody of the child to the chief executive was in effect for 1 year.
Since the making of the previous order, the child has been in care, including
under interim orders, for a continuous period of 18 months. The stated time
for the new order must not be more than 2 years after the previous
child protection order was made. As a result, the maximum duration of the new
order is 6 months.
The court makes an order
granting custody of a child to the chief executive and there have been
previous orders granting custody of the child to the chief executive. The
first order was in effect for 1 year, after which the child was returned to
the care of the child’s parents for 1 year. Then another order was made
granting custody of the child to the chief executive for 12 months. Since the
making of the second order, the child has been in care, including under
interim orders, for a continuous period of 18 months. The stated time for the
new order must not be more than 2 years after the second order was made. As a
result, the maximum duration of the new order is 6 months.
(5) However,
despite subsection (4) , the stated time for an order to which subsection (4)
would otherwise apply must not be more than 2 years after the day it is made
if—
(a) it is in the best interests of the child to have a longer stated
time for the order than the time provided for under subsection (4) ; and
(b)
the Childrens Court considers that reunification of the child with the
child’s family is reasonably achievable within the longer stated time.
(6)
The stated time for an order that grants long-term guardianship of the child
must be the end of the day before the child turns 18 years.
(7) The order
ends at the stated time unless it is extended or earlier revoked.
(8)
Regardless of subsections (1) to (7) , the order ends when the child turns 18.
(9) In this section—
"child protection order" does not include an interim order under section 67.
"relevant continuous care period" means a period of continuous care that has
not ended immediately before the making of the order.
