South Australian Current Acts

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CHILDREN'S PROTECTION ACT 1993 - SECT 26B

26B—Protection of children at risk of genital mutilation

        (1)         If the Court is satisfied that there are reasonable grounds to suspect that a child may be at risk of female genital mutilation, the Court may make orders for the protection of the child.

Examples—

The Court might for example make an order—

            (a)         preventing a person from taking the child from the State; or

            (b)         requiring that the child's passport be held by the Court for a period specified in the order or until further order; or

            (c)         providing for the periodic examination of the child to ensure that the child is not subjected to female genital mutilation.

        (2)         An application for an order under this section may be made by a police officer or by the Chief Executive.

        (3)         The Court may make an order on an application under this section without giving a person who is to be bound by the Court's order notice of the proceedings or an opportunity to be heard in the proceedings.

        (4)         However, in that case the Court must allow the person against whom the order is made a reasonable opportunity to appear before the Court to show why the order should be varied or revoked.

        (5)         In proceedings under this section the Court must assume that it is in the child's best interests to resist pressure of racial, ethnic, religious, cultural or family origin that might lead to genital mutilation of the child.



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