South Australian Consolidated Acts

CHILDREN'S PROTECTION ACT 1993 - SECT 21

21—Orders Court may make

        (1)         If, on an application under this Division, the Court is satisfied that there are sufficient grounds for making an order under this section and that it would be in the best interests of the child the subject of the application that such an order be made, the Court may make all or any of the following orders:

            (a)         an order authorising examination and assessment of the child;

            (ab)         an order authorising or directing the assessment, by such person as the Court may appoint, of a parent, guardian or other person who has, or is responsible for, the care of a child to determine the capacity of that parent or other person to care for and protect the child;

Example—

Such an order could, for example, direct a parent, guardian or other person to undergo a drug assessment.

            (b)         an order authorising the Chief Executive to require—

                  (i)         any person to answer, to the best of the person's knowledge, information or belief, questions put by an employee of the Department authorised by the Minister to exercise the power to question; or

                  (ii)         any person who has examined, assessed or treated a party to the proceedings (other than the child), or the agency for whom the person works, to furnish the Chief Executive with a written report of that examination, assessment or treatment;

            (c)         an order granting custody of the child to the Minister;

            (d)         an order directing a party to the application who resides with the child to cease or refrain from residing in the same premises as the child;

            (e)         an order directing a party to the application to refrain from having contact with the child;

            (f)         such ancillary orders as the Court thinks fit.

        (2)         An order under subsection (1)—

            (a)         has effect for the period (not exceeding 6 weeks) specified in the order; and

            (b)         may, on application by the Chief Executive, be extended (once only) for a period (not exceeding four weeks) specified in the order.

        (3)         An application for extension under subsection (2)(b) must be heard by the Senior Judge of the Court.

        (4)         A party to the proceedings who, having been served personally with an order made under subsection (1), contravenes or fails to comply with the order is guilty of an offence.

Maximum penalty: Imprisonment for 3 months.