CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 44
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 44
44 . Application for protection order
(1) A protection
application can be made only by the CEO.
(2) A protection
application must —
(a) be
lodged with the Court; and
(b)
specify the type of protection order sought and any proposed conditions of the
order; and
(c)
state the grounds under section 28(2) on which it is made; and
(d)
otherwise comply with any applicable rules of court.
(3) If a protection
order (special guardianship) is sought, the protection application must
nominate the proposed special guardian.
(4) When a protection
application is lodged, the Court must fix the day, time and place for the
Court to first deal with the application.
(5) As soon as
practicable after lodging a protection application, the CEO must give a copy
of it to —
(a) the
child; and
(b) a
parent of the child; and
(c) any
other person considered by the CEO to have a direct and significant interest
in the wellbeing of the child.
(6) Each copy of a
protection application given under subsection (5) must be accompanied by
notice of the first listing date.
[Section 44 amended: No. 49 of 2010 s. 26; No. 18
of 2021 s. 25.]