CHILD PROTECTION ACT 1999 - SECT 99MA
Suspension of review proceeding if court may deal with contact matter
CHILD PROTECTION ACT 1999 - SECT 99MA
Suspension of review proceeding if court may deal with contact matter
99MA Suspension of review proceeding if court may deal with contact matter
(1) This section applies if—
(a) the chief executive makes a reviewable
decision under section 87(2) about contact between a child and the child’s
parents or members of the child’s family; and
(b) a review application for
the reviewable decision is made; and
(c) a proceeding for the review
application (the
"review proceeding" ) is before the tribunal; and
(d) the applicant is also a
party to a child protection proceeding relating to the child before the
Childrens Court.
(2) If the chief executive becomes aware the circumstances
mentioned in subsection (1) have arisen, the chief executive must notify the
tribunal registrar.
(c) the
chief executive must notify the parties to the child protection proceeding of
the suspension.
(4) While the review proceeding is suspended, the court may
make an order that the subject matter of the reviewable decision may be dealt
with by the tribunal in the review proceeding.
(c) if the court
decides the child protection proceeding without making an order under
subsection (4) or an interim contact order—notify the tribunal registrar of
that action.
(6) If the tribunal registrar is notified that the court has
acted in a way mentioned in subsection (5) (a) or (c) —
(a) a legally
qualified member of the tribunal must cancel the suspension of the
review proceeding; and
(8) This section does
not affect the tribunal’s power to dismiss the review application apart from
this section.
(9) In this section—
"court registrar" means the registrar of the Childrens Court.
"interim contact order" means an order under section 67(1) (b) or 68(1) (c)
about the subject matter of the reviewable decision mentioned in subsection
(1) (a) .
"party" , to a child protection proceeding, includes—