South Australian Consolidated Acts

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CHILDREN'S PROTECTION ACT 1993 - SECT 46

46—Service of applications on parties

        (1)         The following persons are parties to an application under this Act for an investigation and assessment order or a care and protection order, or for the variation, extension or revocation of such an order, or to an application by the Chief Executive under Part 8 for the transfer of a child protection order or a child protection proceeding:

            (a)         the applicant; and

            (b)         the child the subject of the application; and

            (c)         each guardian of the child.

        (2)         A copy of an application must be served—

            (a)         on the child the subject of the application, if the child is of or above the age of 10 years; and

            (b)         subject to this section, on each other party to the application; and

            (c)         if the application is to transfer a child protection order or a child protection proceeding under Part 8, on any person to whom access to the child has been granted.

        (3)         The application must be served personally, but—

            (a)         if it is not practicable to serve the application personally on a party (not being the child); or

            (b)         if the whereabouts of such a party cannot, after reasonable enquiries, been ascertained,

the application may be served on that person by post addressed to the person at his or her last known place of residence or employment or in any other manner authorised by the Court.

        (4)         A copy of an application for service must be endorsed with a notification of the place, date and time for the hearing of the application.

        (5)         Subject to this section, the Court must not proceed to hear an application unless each party served with the application has had at least the following period of notice of the hearing:

            (a)         in the case of an application for an investigation and assessment order—three working days;

            (b)         in any other case—five working days.

        (6)         The Court may, for any proper reason, dispense with service under this section, or reduce the period between service and the time for the hearing of the application.



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