AustLII Tasmanian Consolidated Acts

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CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 43

43. Restraint order

      (1) On the application of the Secretary for a care and protection order, the Court may make in addition to or instead of making the care and protection order –

(a) a restraint order against a person under Part XA of the Justices Act 1959 if the Court is satisfied that the person has been served with a copy of the application; or

(b) an interim restraint order against a person under Part XA of the Justices Act 1959 and such ancillary orders as the Court considers appropriate.

      (2) An application for a care and protection order is taken to be an application for a restraint order under Part XA of the Justices Act 1959 made by a person granted leave to apply by the justices –

(a) for the purposes of subsection (1); and

(b) for the purposes of the application of the Justices Act 1959 in relation to a restraint order or interim restraint order made under that subsection.



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