Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 243

Making a protection application without placing child in emergency care

S. 243(1) substituted by No. 52/2013 s. 28(2).

    (1)     If a protective intervener is satisfied on reasonable grounds that a child is in need of protection, he or she may serve a notice stating that a protection application in respect of the child will be made to the Court on a day and at a time specified in the notice.

    (2)     A notice under subsection (1) must—

S. 243(2)(a) amended by No. 26/2023 s. 37.

        (a)     be issued out of the Court; and

        (b)     set out the grounds on which a protective intervener intends to make a protection application; and

        (c)     be served on the child's parent and, if the child is of or above the age of 12 years, the child, in accordance with section 594.

S. 243(3) substituted by No. 52/2013 s. 28(3).

    (3)     If the Court orders that the child appear before the Court for the hearing of the protection application and the child does not appear, the Court may, if satisfied that the order has come to the attention of the child's parent or, if the child is of or above the age of 12 years, the child and, if practicable, the child's parent, issue a search warrant for the purpose of having the child placed in emergency care.

    (4)     Sections 241 and 242 apply to the issue and execution of a warrant under subsection (3) as
if it were a warrant issued under section 241(1).

Division 3—Child in need of therapeutic treatment

Subdivision 1—When is a child in need of therapeutic treatment?

S. 244 substituted by No. 33/2018 s. 6.



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